LaunchViral Brand Marketplace Client Terms & Conditions
Here are LaunchPreneur, Inc.'s (Agency) general terms and conditions for companies (Client) interested in promoting their products or services to influencers, creators, and/or celebrities through campaigns, sponsorships, activations, or any form of "influencer" promotion or partnership with LaunchPreneur, Inc., our divisions, or affiliated brands such as LaunchViral, Rick Schirmer, Rachel McCord, or The McCord List. For purposes of this agreement, the terms “influencer, creator, or celebrity” are synonymous.
LaunchViral Brand Marketplace provides a personalized subscription service that allows our members to post their business listings for influencers looking for collaboration opportunities.
Hyper Local Influencer Program
The hyper-local influencer program is designed to be a directory that only connects influencers to a local business to receive a “product benefit” in exchange for a post from the influencer. The Agency’s goal is to promote that benefit and help foster a direct connection between the influencer and the business. Results from any potential collaborations will not be reported and must be fully tracked and managed by the business and the influencer. Participating businesses and influencers agree to indemnify the Agency from all content, results, and posts from resulting partnerships or collaborations.
Rates. The agency may, at its discretion, from time to time, increase the rates listed on any rate card, modify the product/service offerings, or change its advertising terms. The Agency will inform the Client of any increase in rates, new product/service modifications, or change in terms in writing 30 days prior to the effective date of the increase modification.
Payment and Account Access
2.1. Billing Cycle. The membership fee for the LaunchViral Brand Marketplace and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will
depend on the type of subscription that you choose when you sign up for the service. In some cases, your payment date may change, for example, if your payment method has not been successfully settled when you change your subscription plan or if your paid membership began on a day not contained in a given month.
2.2. Payment Methods. You agree to make payments electronically via credit card (auto pay monthly). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.
2.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your LaunchViral Brand Marketplace membership at any time, and you will continue to have access to the LaunchViral Brand Marketplace service through the end of your billing period. We do not provide refunds or credits for any partial membership periods. To cancel, go to the " Manage Account" tab. If you cancel your membership, your account will automatically close at the end of your current billing period.
2.5. Passwords and Account Access. You are responsible for any activity that occurs through your LaunchViral Brand Marketplace account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account-related notices. We can terminate your account or place your account on hold in order to protect you, LaunchViral Brand Marketplace, or our partners from identity theft or other fraudulent activity.
Indemnification. Client agrees to indemnify and hold Agency harmless with respect to any claims, loss, liability, damage, or judgment suffered by Agency or any influencers engaged or activated resulting from the Agency-Client relationship, including reasonable attorney’s fees, costs, expenses of any nature, for which the Agency may become liable by reason of its distribution, use, or publication of ads, media, and/or material furnished by Client or on behalf of Client. The client understands that all Agency professional efforts are on a best-effort basis, including efforts in communicating creative direction and call-to-action desires to influencers. It is understood by the client that influencers are not employees or vendors of the Agency, and their posts and opinions are purely organic and controlled only by them in all cases of public social media sentiment or posts (paid, unpaid, or product trade). This includes, but is not limited to, claims alleging libel, privacy invasion, unfair competition, false advertising, defamation, misuse of publicity rights, general influencer opinions or lifestyle persuasions, general public opinions related to the promotion or campaign, copyright infringement, dilution or trademark infringement under federal or state law, or otherwise based on the content of Client’s promotions or advertising, including illustrations, text, claims, etc. Information or data obtained by the Agency from the Client to substantiate claims made in advertising shall be deemed to be “material furnished by the Client” to the Agency.
Errors. The Client may not claim a breach, terminate, or cancel this subscription if there are typographical errors, incorrect ad placements, under deliveries, omissions, or errors in advertising, social media, and website content provided by the Agency or influencers associated with the promotion or campaign. The Agency agrees to take corrective action given that the alteration doesn't distort or misrepresent what consumers genuinely think about their products or services within 2 business days of notification by the Client for that portion of the advertising, website, or social media content which may have been rendered valueless by such typographical errors, incorrect ad placements, under deliveries or omission of copy, unless such error arose due to the error or omission of Client, or after the advertisement, website or social media content had been set and proofed or otherwise confirmed by the Client. The client understands that the Agency cannot control the influencer's actions but will also make its best efforts to persuade influencers to make any corrections as well. The Agency will not be liable to Client for any loss or damage that results from a typographical error, incorrect ad placement, underdelivery, omission, or error related to the products and services it provides. The Client may request a credit or make good for errors or omissions by the Agency pursuant to section 6 of this agreement.
Advertising Agencies. An advertising agency that places advertisements and receives statements for its customers is acting as an agent for the Client. The Client remains responsible for the payment of account balances, signing of contracts, and all other liabilities. The client is deemed to have received refund payments, notices, and other documents when received by its agent.
Ownership. All advertising copy and original artwork that represents the creative effort of the Agency and influencers and/or utilization of creativity, illustrations, labor, composition, or material furnished by it is and remains the property of the Agency, including all rights of copyright therein. Agency grants Client license to use materials mentioned above royalty-free, in perpetuity unless otherwise stated however, Client understands and agrees that it cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy or artwork for use in any other advertising medium without payment for creative services to the Agency. All influencer content and/or user-generated content is considered to be owned by the Influencer, with permission granted to the Agency and Client to reuse, share, and reproduce such content royalty-free in perpetuity unless otherwise agreed upon with the Influencer. Additionally, the Client gives the Agency permission to use branding materials, including logos, colors, etc., on the Agency’s case studies and website.
Taxes. If any federal, state, or local taxes are imposed on the printing, publication, or distribution of advertising material or the sale of advertising or products and services produced by the Agency, these taxes will be assumed and paid by the Client.
Advertising Content. The Agency may, in its sole discretion, edit, alter, omit, reject, or cancel at any time any of the Client's digital advertising products or services to meet industry standards. All digital advertising placements are at the option of the Agency unless a specific placement is purchased by the Client.
Excusable Delays. The Agency will not be liable for any damages related to delay, cancellation, pause, or failure to perform due to causes beyond its control, including but not limited to fire, strike, work stoppage or other labor interruption, freight embargo, terrorism, sabotage, war, civil disturbance, governmental action, pandemic, rules or regulations, failure of machinery, equipment or information systems, failure of suppliers and digital partners, the elements, flooding, power outages or interruptions or acts of God.
No Waiver. The Agency's failure to insist upon the performance by the Client of any term or condition of this Agreement or to exercise any of the Agency's rights under this Agreement on one or more occasions will not result in a waiver or loss of the Agency's right to require future performance of these terms and conditions or to exercise its rights in the future.
Data. The agency is dedicated to compliance with the General Data Protection Regulation and the California Consumer Privacy Act. According to GDPR and CCPA standards, we are not allowed to share personal identifiable information (PII such as email addresses or phone numbers) from influencers, customers, or prospects who have not explicitly opted in to have their information shared. The agency does not collect, hold, or share consumer or influencer data with the Client or any third parties. Relationships originated with influencers, customers, or prospects by the Agency have been developed through organic opt-in with the Agency specifically, and that data and their PII is forever proprietary, private, and cannot be shared with Client or third parties for the protection of all. Furthermore, the Agency does not collect personal data as a part of marketing efforts.
Influencer Activations: The agency’s press, influencer campaign (e.g., social media, blog, podcast, niche community influencers, message boards, etc.), and promotion activities are a direct result of the Agency’s efforts of earning media on behalf of the Client.
Boost request
The agency’s promotions and campaigns involve a blend of warm and/or cold outreach to niche community influencers via email, SMS, social DM, and word-of-mouth. It is understood that the Agency may promote the Client or Client’s brand to a broad audience of influencers via warm and cold outreach in order to secure organic applications and “opt-ins” from influencers interested in activating in the promotion. However, because of the organic and grassroots nature of our approach, we cannot legally guarantee specific brand messaging and key performance goals will be met. In the event that activation goals are not met, However, due to the organic nature of viral marketing and influencer activations, we cannot and do not make any guarantees, and as such, influencers are not required to follow that direction nor do we have the ability to control when or what they choose to post in any regard – including their reaction to the Client’s brand, brand experience, product experience, customer service experience (whether from the Agency team or Client team) including either positive or negative feedback. Influencers do not work as employees or vendors of the Agency and organically opt-in for paid or unpaid activations based on their natural motivations and alignment with the Client’s project, campaign, or promotion.
For purposes of the Agency-Client agreement terms, an “influencer post” is defined as any public post or comment by the influencer on any social media or public digital platform (e.g., feed, story, timeline, public comment, reel, etc.).
The Agency seeks to influence influencers and creators in their creative process; however, their posts and creatives are their own, in their own opinion, and not directly produced by the Agency.
FTC’s ruling, published on June 29, 2023, provides guidance to businesses, influencers, creators, and others to ensure that advertising using endorsements or testimonials is truthful. Advertisers that deceive consumers via endorsements or testimonials may violate the FTC Act.
Product Sampling and Gifting: The cost of product samples, giveaways, promotional swag, gifts, prizes, or any associated shipping cost of gifting is not included in our membership.
Miscellaneous. All covenants and agreements of the parties made will survive termination or expiration of this Agreement. This Agreement, the Agency's current rate cards, and any approved Statements of Work (SOW) constitute the entire agreement between the parties and supersede and cancel any prior agreements, representations, or communications, whether oral or written, between the parties relating to the subject matter of this Agreement. This Agreement may not be changed orally and may only be amended in writing and signed by both parties. Client may not assign this Agreement without the prior written consent of the Agency. Any changes to the SOW, including but not limited to campaign date changes, delays, pauses, or any other change related to the SOW, must be mutually approved by both parties (regardless of a global pandemic, acts of God, illness, suspensions, employee turnover, cash flow issues, etc.). Client understands that any such changes to the SOW without mutual approval by both parties may cause damage to brand reputation (amongst influencers and consumers) and financial damages to both Client and Agency, which will need to be compensated accordingly. Each representative of a party signing this Agreement is fully authorized to bind the party legally. This Agreement will be governed by the laws of the State of Nevada, and any claims or legal action shall be brought in federal or state courts with jurisdiction in Nevada.
Updated Influencer Collaboration Disclosure Guidelines as of June 29, 2023: In compliance with the Federal Trade Commission's (FTC) updated guidelines and to maintain transparency and trust with your audience, all Agency clients and influencers agree to abide by any and all applicable FTC regulations.
2019 FTC Guidelines https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
2023 Revised FTC guidelines https://www.ftc.gov/news-events/news/press-releases/2023/06/federal-trade-commission-announces-updated-advertising-guides-combat-deceptive-reviews-endorsements
Terms and conditions are updated monthly in accordance with influencer marketing and privacy laws. The client agrees to review these terms and conditions prior to signing up for the member subscription.