EarnIn is a fully automated online platform connecting social media Influencers and advertisers wherein advertisers can promote their brand through a graphical banner and coupon code which shall be promoted by the influencer.
The Influencer receives a graphic banner and a promotion coupon code for the promotion campaign and based on the clicks it receives and coupon code it share it will earn its campaign value.
Definition and InterpretationThe subject matter of these Terms and Conditions (“T&C”) is to provide a framework for the of marketing campaigns by the Advertisers through EarnIn. EarnIn acts solely as an intermediary between the advertiser and the influencer.
User (Advertiser) accountThese terms and conditions constitute the framework for the purchase of Influencer services by the advertiser from the Influencer. EarnIn only acts as an intermediary between the Influencer and the Advertiser. Obligations to provide Influencer services or pay remuneration for such are established by these terms and conditions itself
The respective Contract is deemed to be fulfilled on the day the post is published. The Advertiser will be able to see the results of the campaign provided by Influencers in the EarnIn’s dashboard.
For purpose of clarification, the Advertiser is the only contracting-party for the Influencer.
EarnIn may or may not accept a marketing campaign. EarnIn reserves the right to refuse marketing campaigns before it’s launch or during execution in case of breach of obligatory legal provisions or any other breach of the agreement. Such refusal shall be considered as a termination of the agreement between the Parties. For the avoidance of doubt, upon the refusal of the marketing campaign, any payment obligation on the part of the Advertiser to EarnIn shall lapse; services already invoiced shall be invoiced pro rata up to the time of refusal. EarnIn shall be obliged to repay any amounts already paid by the Advertiser if the services rendered by EarnIn up to the time of refusal are not usable for the contractually intended purpose.
Since EarnIn acts exclusively as an intermediary and the Advertiser obtains the marketing services directly from the Influencer, the Advertiser agrees to pay all taxes, fees, duties, surcharges and other statutory costs. The Advertiser expressly exempts EarnIn from the submission of these fees and assures to carry out all declarations and levies at its own expense.
Post ContentThe Advertiser will be fully liable for any material like graphic banner, coupon codes are dynamic which is generated by EarnIn app. The material shall be in a common format and be in line with current market standards. The Advertiser grants to EarnIn for the term of their contractual relationship a non-exclusive, transferable, fully paid-up, worldwide and unlimited right and license to use (including to copy, modify, translate, make available, assign and sublicense to its affiliates, Influencers) the material, solely as is reasonably necessary for EarnIn to perform its obligations and exercise its rights relating to the performance of the contract.
The Advertiser ensures that:
The Advertiser has an obligation to indemnify and hold harmless EarnIn against all claims made by third parties in connection with the Advertiser material and compensate EarnIn for all costs (including reasonable attorney´s fees) and damages arising in connection with such claim or alleged claim.
Remuneration And InvoicingThe Advertiser can commits itself minimum amount to pay as fee for the purchased marketing campaign or service provided by EarnIn in accordance with the agreed payment terms. All prices are in net and plus the current GST or country wise taxes applicable, if applicable. All prices are in the currency stated in the official proposal.
Term And TerminationThe Advertiser can Start campaign with a minimum budget on EarnIn at any time, and can also cancel before the campaign reaches to its minimum threshold value without giving any reason.
Any cancellation post reaching minimum threshold value of the campaign will not fetch any refunds and the remaining the campaign amount will get forfeited.
The rights of the parties to terminate any contract for cause remain unaffected. Good cause for EarnIn shall be deemed to exist in particular:
Unless otherwise set out in these T&C, the Parties shall be liable to each other only for damage caused by an intentional or grossly negligent breach of duty by the other Party and/or the other Party´s employees, statutory representatives or auxiliary persons employed to perform the Services and/or any other duties under the contract.
EarnIn is not liable for any Force Majeure situation which make the software and or the duties covered by the contract impossible or render the due performance of the contract substantially more difficult and/or temporarily impede its proper performance. As Force Majeure, all circumstances are included which are independent of the will and control of the contractual parties, such as war and other military conflicts, natural disasters, strikes, labour or material shortage, Internet failures or communications lines failures or other serious and/or unforeseeable circumstances of no fault of the contractual parties. A circumstance is seen as an Act of God, only if it occurs after setting up an account on EarnIn’s software and/or conclusion of the contract, as applicable.
EarnIn shall not be liable for errors in the transmission of Advertiser material which are caused outside of EarnIn´s sphere of responsibility or control.
EarnIn shall not be responsible or involved in the deal/offer/Coupon/ or validation of any products. EarnIn shall not take any responsibility of customer satisfaction or campaign success.
ConfidentialityEach Party (hereinafter the “Receiving Party“) agrees to keep all Confidential Information received from the other party (hereinafter the “Disclosing Party“) in whatever form as strictly confidential and must not disclose it to third parties without the prior written consent of the Disclosing Party. Confidential Information must not be used by the Receiving Party for any purpose other than in connection with the purposes of these T&Cs, and/or the Contracts. For the avoidance of doubt: EARNIN may disclose Confidential Information to Influencers to the extent reasonably necessary to provide the Services.
The foregoing obligations do not apply to any Confidential Information which:
Each Party agrees to limit access to Confidential Information to those of its employees, representatives, contractors or advisors to whom such access is reasonably necessary or appropriate for the proper performance of obligations
ReferenceEarnIn may use Advertiser’s name, logo and trademarks on https://www.earnin.me (or) https://earnin.me, and the EarnIn’s Social Media Channels, other Web Properties, Press Releases or any other form of publication.
LicenseEarnIn grants the Advertiser a non-exclusive, non-transferable, non-sublicensable, license to use the website in accordance with this terms and conditions. Without limiting any of those terms, Advertiser may not:
By accepting these terms and conditions, the Advertiser is also granting EarnIn a royalty-free, unlimited, unrestricted license to use all the content Advertiser uploads or has uploaded to it’s account on EarnIn (the “Content”) and social media channels connected to EarnIn (see section 2), consisting in pictures, information, videos and other data or information.
The Advertiser hereby grants EarnIn the irrevocable, perpetual and unrestricted right and permission to use, re-use, publish, and republish the content in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with the Advertiser’s own or a fictitious name, or reproductions thereof in color or otherwise, and in any and all media now or hereafter known, specifically including but not limited to online media, print media for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
MiscellaneousEarnIn and the Advertiser hereby agree that they intend to discharge their obligations in the utmost good faith. They, therefore, agree that they will, at all times, act in good faith and make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement by discussion failing which, thirty (30) days of the commencement of the discussions, by arbitration.The Parties shall be bound to submit all disputes and differences howsoever arising out of and in connection with this Agreement to arbitration in accordance with the Arbitration and Conciliation Act, 1996, provided that: There shall be one arbitrator nominated jointly by the Parties, failing which there shall be three (3) arbitrators, one each appointed by the company and Employee and the other chosen by the two (2) arbitrators so nominated shall be persons of professional repute and who are not directly or indirectly connected with the parties) whose appointment shall be agreed between the parties within seven (7) days of the service of an arbitration notice; The Parties agree that until the arbitration proceedings are complete, they shall not take their disputes to a court of law. All hearings shall be held in Hyderabad, Telangana, India, in English. Notwithstanding anything contained in this Agreement, the company may approach any court within India for injunctive relief when it feels that any of the terms of this Agreement are breached or likely to be breached by the Employee.
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Hyderabad, Telangana, India. You agree that all matters relating to your access to or use of the platform, including all disputes, will be governed by the laws as applicable in the Hyderabad, Telangana, India. You further agree that only courts of jurisdiction in the Hyderabad, Telangana, India shall have exclusive right to entertain any dispute/claim arising out of terms of use of this website. Further you unconditionally submit to the jurisdiction of such courts in the Hyderabad, Telangana, India.
You agree to indemnify and hold EarnIn, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us any third party due to or arising out of or in connection with your use of the Platform.
We do not promise that the platform of any of its content or service of feature will be error-free or uninterrupted. We do not promise that use of this site shall result in any benefit to you or you will achieve specific results. The website is delivered on an as-is and as-available basis. All information provided on the website is subject to change without any notice. We don’t promise that any data downloaded from the site shall be free of viruses or contamination or destructive features. We deny any warranty of accuracy, non-infringement, fitness or usefulness of any feature of this website or content available therein.
Your sole remedy/relief against the website or any of its content or feature or service is to stop using the platform. This limitation of relief is part of terms of use of this website.
EarnIn reserves the right to amend T&C at its sole discretion. Any amendments shall be announced by publishing a new updated version of the T&C on the website or by otherwise making it available to the Advertiser.
Agreement between the advertiser and EARNIN shall not be treated as a partnership, joint venture, employment contract or any other partnership relation. EARNIN and the Influencer remain as independent contractors.
Both parties confirm they have read and fully understood these terms and conditions. Both parties further confirm that English shall be the language of any contracts or agreements. Agreements made in other languages are also applicable if not stated differently.
The Advertiser may not assign his or her rights or obligations arising hereunder, whether in whole or in part, to any third parties without the prior consent of EarnIn expressed explicitly in writing otherwise being null and void.
Should any of the provisions or any part of the Agreement become invalid or unenforceable to any extent whatsoever, the Parties shall agree upon any necessary amendments to the Agreement which shall ensure that the interests and aims of the parties prevailing at the time of performance of the Agreement are given effect.
The Agreement and the other EarnIn policies incorporated into this Agreement by reference sets forth the entire agreement between the Parties and supersede all other arrangements, agreements and/or memoranda (whether made in writing or orally) made between the parties, pertaining to the obligations and liability of EarnIn with regard to the provision or implied provision, non-performance or delays in the performance of any services rendered under the Agreement, unless explicitly stipulated otherwise therein.
In the event of any disputes arising hereunder, the Parties shall make reasonable efforts towards reaching a resolution by way of mediation
Advertising Policy for Influencers/Users EarnInFollowing is the list of disclosure labels permitted that can be used individually or collectively:
The influencers need to make sure the credibility of the claims that the advertiser is making regarding the product or service, before posting about the same on their own platform.
Grievance Redressal Mechanism:Please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.