Terms of Services
Accepting the terms
These Lolly Terms of Service (“Terms”) define the terms and conditions under which Lolly offers and you agree to use Lolly’s service. The Terms are in addition to and, except where explicitly stated, do not supersede, replace, or limit other similar terms in the Terms of Service.
1. How it Works
With this Terms of Services, a Brand can create and send job proposals to any eligible influencer. If brand creates the job proposal and the Influencer accepts the proposal, the influencer and the brand will enter into a contract.
When two Users enter into a contract with each other through the Services, we will share information with each other as necessary or requested, such as (i) the first and last name, Social Media Account handles, and contact information, (ii) links to the Influencers profile or other information expressly made available by that Influencer, and (iii) details of the Brand and campaign (including campaign requirements). Users may enter into agreements with each other through the Services by following the prompts to establish all agreed terms and mutual acceptance of those terms.
1.1 Influencer payments
Once the Contract Terms have been accepted, the Brand will pay the influencer once the agreed contract has been completed. When the work or a posting is completed, the influencer will request and wait for the brand to initiate the payment for the post. If the brand approves the work/post, brand will initiate the payment as agreed in the campaign brief.
Influencers retained by the brand to participate in a marketing campaign may be compensated in a number of ways: by monetary payment; through receipt of goods or services; or a combination of both. Some Brands will ask Influencers to register as affiliate marketers and will provide compensation based on actions taken by end users (such as shares, re-posts, or purchases of goods or services directly connected to a Influencers Social Media Account posts). The compensation for each marketing campaign will be communicated in the marketing campaign brief.
Unless otherwise provided in the Campaign Brief, Brand will reimburse Influencer for reasonable travel and related expenses incurred in the course of performing the Services hereunder, provided, any such expenses will be approved in advance by the Brand. As a condition to receipt of reimbursement, influencer will submit to the Brand reasonable evidence that the amount involved was both reasonable and necessary to the ‘Services’ provided under this Agreement.
1.3 Lolly’s Role
The Brand is obligated to make payment when due to the influencer as agreed. Lolly is merely the facilitator of any such payments and the obligation to pay, and/or any other obligation, requirement or consequence, in relation to such payment or the transaction with the influencers/end users, resides solely with the Brand; and (b) except for the payment facilitation, Lolly bears no responsibility or liability of any kind in relation to any such payments, including, without limitation, in relation to the payment instructions, accuracy of payment details, tax, anti-money laundering and/or any disputes between the Brand and influencer or other end users
1.4 Influencer and Brand’s Role
The Brand agrees to co-operate with and act in good faith towards the Influencer and, where necessary, provide such materials including those Deliverables listed in the Campaign Brief as Influencer requires to incorporate into the Services or Influencer requires to carry out its obligations.
The Influencer agrees to keep the applicable page and/or profile on which the Deliverables are posted on the relevant Media accessible to the public (i.e. not private) for the duration of the Campaign Term as set out in the Campaign Brief.
The Influencer understands and agrees that the Deliverables are subject to the Brand’s final approval in connection with each relevant Campaign, such approval not to be unreasonably withheld. The Influencer understands and agrees, to make any Change(s) or amendments to the Deliverables in order to rectify any inaccuracies before posting the same on the applicable Media set out in the Campaign Brief.
The Deliverables shall disclose the sponsored nature of the relationship between the Influencer and Brand (as applicable) in respect of the Services by disclosing the Deliverables '#ad' or ‘AD’ as appropriate.
The Influencer will need to register to the Platform in order to submit all Deliverables in accordance with the campaign brief so that both influencer and Brand can record their approval(s) of the Deliverables.
1.5 Influencer’s Responsibilities
The Influencer warrants and agrees that:
1.5.1 They are able to provide the Services and have the legal capacity to enter into this Agreement and that by doing so they will not be in breach of any obligation to or right of a third party;
1.5.2 They have the necessary skills and knowledge to carry out the Services under this Agreement;
1.5.3 They are solely responsible for all income tax and national insurance contributions or social security due in respect of provision of the Services under this Agreement;
1.5.4 The Services shall be provided in accordance with the Campaign Brief (and as otherwise set out herein) and such Services shall be provided with all due care, skill and ability;
1.5.5 The manner in which the Deliverables are used on the Media will not have any adverse effect on the Brand;
1.5.6 as of the effective date of this Agreement, there are no reasons, acts or omissions that they have undertaken which brings, or is likely to bring Brand into disrepute, scandal or embarrassment, including without limitation any connection with any criminal activity;
1.5.7 Where required and on Brands or Lolly’s request, they shall provide full details of the performance of the Deliverables including but not limited to viewer engagements, likes, impressions and views;
1.5.8 Unless prevented by ill health or accident, they shall devote such time as is necessary to the carrying out of the Services as may be necessary for their proper performance;
1.5.9 Should any third parties be hired by them in connection with the Services, such third parties will be subject to the prior written approval of the Brand, such approval not to be unreasonably withheld or delayed;
1.5.10 They will advise Brand, as soon as reasonably practicable, in the event that are unable to provide the Services due to illness, injury or other emergency.
1.5.11 Influencer warrants and undertakes that it shall be responsible for the management of and communication with the Brand and that it shall provide the Brand’s creative briefs in relation to the applicable Campaign and in connection with the Services.
1.5.12 Any influencer and brand that is eligible to use the Lolly.App are eligible to use the Services. Influencers need to register for an Account to create and accept a job offer via this website.
If any part of the Services or Intellectual Property or information provided hereunder is based on, incorporates, or is an improvement or derivative of, or cannot be reasonably and fully made, used, reproduced, distributed and otherwise exploited (collectively, “Exploited”) without using or violating technology or intellectual property rights owned by or licensed to Brand (or any person involved in the Services) and not assigned hereunder, Brand hereby grants influencer and its successors a perpetual, irrevocable, worldwide royalty-free, non-exclusive, sublicensable right and license to fully Exploit and exercise all such technology and intellectual property rights in support the Influencers exercise or exploitation of the Services, Intellectual Property, other work or information performed or provided hereunder, or any assigned rights (including any ‘modifications, improvements and derivatives of any of them).
2.2 User-Generated Content
From time to time, Brand may wish to share the produced Creative Content (the “Content”) with other third parties.
The Influencer permit’s the Brand to use the Content, and agrees to grant a royalty-free, non-exclusive, irrevocable, perpetual, worldwide licence (with the right to sub-licence on the same terms) to use, republish, adapt, edit or modify, share, broadcast, display or otherwise disseminate the Content for any purpose whatsoever, including advertising, marketing and promotional purposes, on or in any medium that the brand deems appropriate.
2.3 Competitive Activities
Brand acknowledges that creator provides services to other clients. Notwithstanding the foregoing, Brand agrees that during the term of this Agreement, Contractor will not, directly or indirectly, engage or participate in or provide services to any business that is competitive with the types and kinds of business being conducted by Brand without the prior written agreement of Brand.
This Agreement will commence on the Effective Date and will remain Effective from the dates mentioned in the campaign brief, and shall be renewed with new campaign creation and adding the influencer in the same. This Agreement cannot be renewed within the same campaign.
3.2 Termination for Breach
Except as provided below, either party may terminate this Agreement (including all campaign briefs) if the other party breaches any material term of this Agreement and fails to cure such breach within ten (10) days following a written notice thereof from the non-breaching party. Brand may terminate this Agreement (including all campaign briefs) with immediate notice and with no liability to make any further payments to creator (other than in respect of amounts accrued before the Termination Date and the Brands damages incurred due to such termination) if at any time creator commits (or any of its subcontractors commits) ‘any gross negligence or intentional misconduct affecting the business of Brand, including but not limited to acts of fraud or dishonesty, material breaches of Brand's code of conduct-related rules and policies insofar as they are applicable to independent Influencer (including relating to bribery, corruption, tax evasion, data protection, equality and diversity, and health and safety); commits (or any of its subcontractors commits) any bribery offense; commits (or any of its subcontractors commits) a local or foreign tax evasion facilitation offense is wound-up or declared bankrupt or makes arrangements with or for the benefit of creator's creditors or has a court administration order made against creator for the reimbursement of creator's creditors.
4.1 No Partnership
This Agreement does not create a partnership or joint-venture relationship.