General Terms constitute the general terms of the Influencer Terms of Service Form (the “Form”), which Form is accepted by the Influencer/Organization on the Agreement Date and together with the Form constitute the Agreement between the parties, namely, the Company and the Influencer/Agency (as set out in the Form).
Unless otherwise defined, capitalized words used in these Terms of Service shall have the meanings given to them in the Form.
1.2 In these Terms of Service, unless inconsistent with the context, the following words shall have the meanings ascribed to them in these Terms of Service:
“Affiliate” means any entity that is affiliated with, controls, is controlled by or is under common control with an entity. “Control” means the power, directly or indirectly, to direct or cause the direction of management, operating policies or assets, whether through ownership of more than 50% of the voting power, equity securities or assets, or through contracts, management agreements, voting trusts or otherwise; provided, however, that the term “Affiliate” shall include any variable interest entity, whether or not such variable interest entity may or is required to be consolidated with such entity in accordance with GAAP;
“Applicable Law” means, with respect to any person: (a) laws, rules or regulations, (b) guidelines, standards, rules, requirements, orders and standards issued under any laws, rules or regulations, (c) the rules of any securities exchange or equivalent body; (d) applicable data protection laws; and (e) any judgment, order, warrant, directive, authorization, ruling, determination, injunction, decree, assessment, settlement agreement or remedy of any governmental authority, in each case applicable to such person. individuals or their business or property;
“Commercially Reasonable Efforts” means taking such steps and exercising such steps in a determined, careful and reasonable manner in the taking and execution of such steps in the self-interest of a well-managed company;
Confidential Information Legal and Administrative Information; (b) the existence of these Terms of Service and their terms (including any fees payable to the Influencer/Agent and the business details set out in the Form), and any (c) copies of Confidential Information and all information created or derived by or on behalf of the Receiving Party, but Confidential Information does not include information that: (i) has become public knowledge by the Receiving Party or (ii) has become public knowledge by or on behalf of the Receiving Party unless due to an act or omission of the Receiving Party or its representatives in breach of the confidentiality provisions of these Terms of Service; (iii) has not been obtained directly or indirectly by the Receiving Party or its representatives from a third party and such information has been obtained directly or indirectly by the Disclosing Party subject to confidentiality obligations;