Terms & Conditions
By signing up to eAmbassador ApS via the platform, website or any other way, you agree that you (in the following “the eAmbassador”) have entered into an agreement with eAmbassador ApS company reg. no. DK38351036 (in the following “eAmbassador ApS”) regarding the Influencer’s promotion of the BRAND (in the following “BRAND”) associated with your sign-up or any campaign you enter, and you accept the following terms & conditions of this agreement.
Content:
The relationship between the Parties
Obligations of the Influencer in eAmbassador collaborations
Obligations of the BRAND in eAmbassador collaborations
Duration and Termination of eAmbassador collaborations
Obligations of the eAmbassador who participates in the Campaigns
Obligations of eAmbassador ApS in Campaigns
Terms of App use and Policy for User Generated Content
Intellectual Property Rights
Confidentiality
Personal Information, Privacy Policy and Cookies
General Terms and Conditions
Choice of Law and Venue
The relationship between the Parties
1.1. The Influencer is appointed as an independent contractor.
1.2. The eAmbassador acknowledges and agrees that his or her relationship with eAmbassador ApS and the BRAND is that of an independent contractor. There is no employment relationship between eAmbassador ApS, the BRAND and the eAmbassador.
Obligations of the Influencer in eAmbassador Collaborations
2.1. The eAmbassador is obliged to do at least the agreed upon livestreams on Twitch during the collaboration period, cf. article 4.1.
2.2. Each livestream must focus on the products or services received from the BRAND according to article 3.1. The eAmbassador is obligated to stream on Twitch using the Taglines agreed upon in the sign-up.
2.3. When streaming the eAmbassador’s own twitch or any other media whether physical or electronic, the eAmbassador is required to notify the public that the content is advertisement and sponsored by the BRAND. Do this by adding your local translation of ‘Sponsored by’ the BRAND in the beginning of your stream title or mention ‘Sponsored by’ every time you review the product on your livestream.
2.4. The eAmbassador consents that eAmbassador ApS may contact the Influencer regarding requests to promote other Brands that eAmbassador ApS promotes and represents.
2.5. The eAmbassador is not allowed to delete the BRAND content until 3 months after the collaboration has ended.
2.5.1. The eAmbassador’s tagline must be added in the stream title and not in the comments below
2.5.3. It is the eAmbassador’s responsibility to defray any tax required by national legislation in the eAmbassador’s country of residence.
Obligations of the BRAND in eAmbassador Collaborations
3.1. The eAmbassador will receive the products, experiences or services agreed upon in the sign-up during the collaboration period, cf. article 4.1.
Duration and Termination of eAmbassador Collaborations
4.1. The Agreement is effective from the date of the eAmbassador’s sign-up and is valid for the agreed upon months from the effective date. Hereafter, the Agreement ends without further notice.
4.2. The Agreement may be terminated, by either Party, without cause and liability by giving 30 calendar days of written notice of such termination to the other Party. In this case to eAmbassador ApS, the BRAND or the eAmbassador.
Obligations of the eAmbassador who participates in the Campaigns
5.1. The eAmbassador can, in the platform, enter campaigns accepting offers. based on the brief in the campaign. The each eAmbassador are approved by eAmbassador ApS or the BRAND before campaign start.
5.1.1 All applications are subject to approval by eAmbassador ApS or the BRAND. eAmbassador ApS and the BRAND reserve the right to reject eAmbassador’s participation in a given campaign without giving any justification for such rejection.
Deadlines for attending events or uploading approved posts.
Required number of e.g. followers or influencer score
Location or gender
Focus of the posts e.g. on product, service or event
Taglines must be added in the title.
5.1.3. If the application is approved, the eAmbassador is obliged to stream throughout the campaign period and use the tagline specified in the campaign brief.
5.1.4. The eAmbassador is obliged not to remove the VOD for a 3-months period after publishing.
5.1.5 When streaming the campaign on the eAmbassador’s own Twitch or any other media whether physical or electronic, the eAmbassador is required to notify the public that the content is advertisement and sponsored by the campaign BRAND. This is done by adding your local translation of ‘Sponsored by the BRAND’ in the beginning of your caption
5.1.6. The payment to the eAmbassador is conditional on the eAmbassador complying fully with the campaign brief. Each individual payment terms are found in the campaign brief. eAmbassador ApS reserves the right to cancel the approved eAmbassador at any time if you make unapproved content.
5.1.7. eAmbassador ApS reserves the right to temporarily or definitively block the eAmbassador’s account or withdraw the payment, if the eAmbassador does not comply with the campaign brief or violates eAmbassador ApS’s policy for user generated content.
5.2. It is the eAmbassador ‘s responsibility to defray any tax required by national legislation in the Influencer’s country of residence.
Obligations of eAmbassador ApS in Campaigns
6.1. When the eAmbassador has completed the campaign, eAmbassador ApS will transfer the payment to the eAmbassador.
Terms of App Use and Policy for User Generated Content
8.1. As an eAmbassador, you are obliged to comply with these guidelines when you stream the campaign, write comments, write texts and interact with the eAmbassador ApS platform and community.
Only use appropriate content for a wide spread audience.
Never obtain “fake” likes and interactions from bought twitch vendors.
Follow the law. No sexual content, child abuse, drugs, weapons, violence, or religiously oppressing content.
Respect the community of fellow eAmbassador. Everyone is different, embrace that with compassion.
Never enforce negative and self-destructive behavior on our platform.
Don’t spread “fake news”.
8.2. The eAmbassador is obliged to report any content that is in violation with our guidelines of user generated content by using the message system on the platform.
8.2.1. All reported stream will be manually handled by our customer service team.
8.2.2. If your stream has been reported, eAmbassador ApS reserves the right to stop the campaign agreement without further notice.
8.2.3. In case the eAmbassador is reported for multiple posts, eAmbassador ApS reserves the right to exclude the eAmbassador from the community without further notice.
Intellectual Property Rights
9.1. The eAmbassador grants eAmbassador ApS and the BRAND the right to use the VOD as well as other material that may be generated according to this Agreement. We may use it for advertising and promotional purposes in marketing material, including but not limited to use in catalogues, magazines, websites, newsletters and social medias such as Facebook, Instagram and Twitter. This usage right is not subject to any geographical restrictions and is valid for an indefinite period of time.
Furthermore, the eAmbassador agrees that eAmbassador ApS and the BRAND are entitled in a fair manner to use the eAmbassador’s name(Twitch name) and image in relation to PR purposes.
Confidentiality
10.1. The eAmbassador may not disclose, use or take advantage of any confidential information, which the eAmbassador may have obtained during the cooperation with eAmbassador ApS and the BRAND.
10.2. Violation of the obligations in this paragraph shall be considered a fundamental breach of contract and the eAmbassador may be held liable for damages caused thereby.
Personal Information and Privacy Policy
11.1. eAmbassador ApS is responsible for protecting your data in accordance with the current rules on the protection of personal data. When signing up to eAmbassador ApS you allow us to process your personal information for the collaboration, as this is a necessity for the execution of the campaign. The data will be in eAmbassador ApS’ database as long as you are active in eAmbassador ApS’ system. During this period, you have the right to receive general information about your personal data, but also the right to get an explanation of how these are processed. When your personal information is no longer required for the executions of campaigns, these will be deleted from the database.
11.1.1. We will remove user content and any other information that the owner asks us to remove, within 24 hours. Just send an email to signup@eambassador.io
11.2. eAmbassador ApS is handling the following information about you:
11.2.1. The information you provided when you signed up for eAmbassador ApS and when you update your profile, e.g. contact information, gender, age, interests, etc.
11.2.3. Information about your behavior on our controlled websites, web shop, newsletters and in our app.
11.2.4. If you answer questionnaires from us
11.3.1 In addition, we use your information and behavior to gain knowledge about your brand and product preferences so we can target communication and campaigns to you – ensuring that you receive relevant offers that match you and your interests.
11.4. We do not share information with any other companies or people outside eAmbassador ApS without your explicit consent unless eAmbassador ApS detects legitimate reasons to precede your rights.
4.1. In this matter, eAmbassador ApS reserves the right to transfer your personal data to collaborators in connection with the campaigns in which you participate, as this is a necessity for the execution of the campaign.
11.5. You are always entitled to ask what personal information we have registered for you. And you can always ask us to correct or delete your information if it is incorrect, incomplete or irrelevant as well as you are always entitled to receive all information about the processing of your data. In this case, you should contact eAmbassador ApS at signup@eambassador.io This is also where you should contact us if you want to use your rights to obtain your information (data portability).
11.6. You may in certain cases limit the processing of your personal data made by eAmbassador ApS. In this situation, eAmbassador ApS will temporarily move selected personal information to other processing systems, or make the personal information unavailable to certain users.
11.7 If you choose to discontinue your collaboration with eAmbassador ApS, you will be blocked immediately in our system and will no longer receive any communication from us. We will delete all your information within 30 days after you have cancelled your partnership with eAmbassador ApS.
11.8. We use external partners located outside the EU as data servers when we store and manage your personal information. All data transfers to external partners are conducted in accordance with the EU Commission’s standard contractual arrangements for transferring to third countries between the external partner and us and ensure that we comply with EU data protection rules. External data servers may only process this data according to our instructions.
11.9. eAmbassador ApS use 24-hour backup and encryption via HTTPS.
11.10. You can always obtain information about the data we store through eAmbassador ApS (signup@eambassador.io) if you need a copy of the guarantees in the EU Commission’s standard contractual provisions that the external partner has agreed at, to comply with EU data protection rules.
If you believe that we have violated the applicable privacy policy rules in our processing of your information, you may appeal to the Danish DPA at Borgergade 28.5, 1300 Copenhagen K, tel. 33193200 or at dt@datatilsynet.dk.
11.11. eAmbassador ApS use cookies on our website, in our platform and on any other website we control. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow). Cookies enable the site’s or service provider’s systems to recognize your browser or app and they capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
11.11.1. We use cookies to:
Understand and save your preferences for future visits.
Compile aggregate data about site traffic and site interactions in order to offer better site and platform experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
Track affiliate actions and payments.
11.11.1. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
11.12. If you turn off cookies, some features will be disabled. It might affect your site experience and some of our services will not function properly. However, you can still use the main features of our services.
11.13. In the case of a data breach with personal information affected, we will within 72 hours notify the Data Inspectorate and all affected users via email.
11.14. If you believe that we have violated the applicable privacy policy rules in our processing of your information, you may appeal to the Danish DPA at Borgergade 28.5, 1300 Copenhagen K, tel. 3319 3200 or at dt@datatilsynet.dk.
General Terms and Conditions
12.1. eAmbassador ApS reserves the right to change the terms and conditions and to completely suspend the eAmbassador ApS program with one month’s notice. If significant changes to the distribution program occur, eAmbassador ApS will inform you about it in an email.
12.2. eAmbassador ApS considers the changes approved by the eAmbassador if you continue to use your services after you have received the mail. If the eAmbassador cannot accept the changes, he or she must discontinue the collaboration with eAmbassador ApS.
12.3. Misuse of the use of eAmbassador ApS services may result in the permanent exclusion of eAmbassador ApS and, consequently, we will terminate your earned payment. Examples of abuse may be theft or attempt or unacceptable behavior against eAmbassador ApS employees, eAmbassadors e.g.
12.4. These Terms and Conditions supersede all previous releases of eAmbassador ApS Terms & Conditions.
Choice of Law and Venue
13.1. This Agreement shall be governed and construed in accordance with the laws of Denmark.
13.2. Any disputes relating to or arising out of this Agreement shall be subject to the exclusive jurisdiction of the City Court of Aalborg as first instance.
If you have any comments or questions, please feel free to write to us at signup@eambassador.io