EarnIn llc. (hereinafter referred to as “EarnIn” or “Us” “we”) operates an online website on https://earnin.me, (hereinafter “Website”) for commercial users with social media profiles owners (hereinafter referred to as “Influencers’’) and Advertisers (hereinafter “Advertiser”) on which, after registration, influencers and companies can book advertising within the contents and publications on the social networks (hereinafter “content”) provided by the Influencers.
The advertisements and other cooperation for which the Influencer receives coins from which they can withdraw the money once the Coupon codes/Weblinks reaches to a threshold clicks.
EarnIn operates the website on which Influencers can register to make themselves available with their content available on various social media platforms. The Influencer produces and publishes content on her/his profiles on the social networks and wants to market them through product placements, advertisements and other advertising. EarnIn tries to communicate the advertising requests (“campaigns”) of companies to the Influencer. EarnIn acts solely as an intermediary between the advertiser and the influencer.
By using the Services and accepting these Terms, you agree to comply with and be bound by these Terms and Conditions in addition to EarnIn other possible guidelines. Please read them carefully.
EarnIn reserves the right to modify these terms at any time, so please review the terms periodically.
By becoming a member of EarnIn, you will have the ability to manage your own profile, respond to messages from Advertisers and make use of the EarnIn team support.
EarnIn reserves the right to suspend or terminate an Influencer account for violations of any laws or EarnIn terms.
The general terms and conditions of EarnIn apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Influencer shall only become part of the contract if and to the extent that EarnIn has expressly agreed to their validity. This consent requirement applies in any case.
Individual agreementsIn individual cases, individual agreements, including side agreements, additions and changes have priority over these terms and conditions. For the content of such agreements, a written contract or written confirmation shall prevail. Legally relevant declarations and advertisements that are to be submitted after the conclusion of the contract must be in writing in order to be valid.
References to the validity of statutory provisions are only of clarifying significance. Even without such clarification, therefore, the currently valid statutory provisions apply, unless they are directly amended or expressly excluded in these terms and conditions.
Through the cooperation, the use of the software, the mediation of a product placement, there is no corporate connection of the parties.
INFLUENCER PROFILES AND OBLIGATIONSThe Influencer must be a legal person treated as Entrepreneur. Consumers are expressly excluded from using the software. The Influencer confirms she/he is a legal person and that all registration information she/he submits is accurate and truthful.
EarnIn may, in its sole discretion, refuse to offer access to the services to any person or entity and change its eligibility criteria at any time.
This clause prevails over all other clauses and sets forth our entire Liability, and the Influencer sole and exclusive remedies, for:
the performance, non-performance, purported performance or delay in performance of these terms and conditions or service or the site (or any part of it or them); or
otherwise in relation to these terms and conditions or the entering into or performance of these terms and conditions. EarnIn does not warrant and exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website; and EarnIn excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever form.
EarnIn does not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these terms and conditions.
Influencer agrees to indemnify and hold EarnIn (as applicable) EarnIn’s subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to arising out of Influencer breach of this agreement or the documents it incorporates by reference or Influencer violation of any law or the rights of a third party.
These 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.
Earnin has right to show registered Advertisers logo on earnin website homepage.
For purpose of clarification, the Advertiser is the only contracting-party for the Influencer.
The obligations of non-binding advertising campaigns for product placements are solely between the advertiser and Influencer.
Failure To Run The CampaignEarnin 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 Influencer.
Contract PartiesAgreement between the Influencer 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.
The Influencer 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.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published as per the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require prominently publishing the rules and regulations, Privacy Policy for access of the website or mobile application. This electronic record is generated by a computer system and does not require any physical or digital signatures.
DefinitionsThe Platform offers influencers the ability to monetize their social networks’ audience by registering on the platform and making themselves accessible to the vendors, brands, and advertisers and vice-e-versa i.e. vendors, Brands and advertisers can also register themselves to offer their graphic banners and coupon codes through the Earnin platform.
In return for marketing, shearing and publication on one (or several) social network(s) via a registered influencer on Earnin. The general Users obtains either an coupon code for deal or reward points.
Service Access and SubscriptionService subscription is made during account creation on the platform. Throughout their subscription, Influencers will fill out their profile and interests, so that targeted audiences are suggested to them. They are also asked to connect their social networks to the platform.
Vendors, Brands and Agencies are asked to fill out their basic profile and their financial details in order to pay for the campaigns to be created and the subscription fees (if applicable).
Service use is submitted to the User for validation upon account creation. The Company reserves the right to deny User access or to restrict it. Influencers application to campaigns might be restricted to a minimum audience per social network.
The service is offered 24/7 apart from casual interruption periods required for service maintenance. The service is available in the languages as shown on the platform.
Service DescriptionInfluencers get location wise recommendations based on their profile, areas of interest and available deals, offers etc. Deals, offers shall include information such as: a description, key information to share with the audience (URL, keywords, images, etc.) defined by the Vendors, Brand/Agency, suggested remuneration(s), and social network(s) used. In that case, Influencers can create their own youtube, Instagram or any other platform and apply through Earnin platform interface and the Vendor, Brand / Agency shall be able to see the offerings.
Influencers can participate or pick up the marketing codes, graphic designs, campaigns as per their choice and availability. They have to pick and publish from the Platform, on the Social Network as per their available social media presence and as per the requirements by the Brand / Agency, a promotional post that contains Campaign key graphics and coupon codes. They can personalize their promotional posts content as much as they want. The post has to be "public", which means visible to anyone, even the non-followers of the Social Network they used.
The post has to state the natural or legal person for whom the Campaign was made. Influencers can track their number of clicks and any feedback on their post at any time. The campaign, link, post shared by the influencers should be sharable by the users as per their requirements on whats app, facebook, Instagram etc. Other users can also click on the link shared by the user to avail the coupon codes, contributing clicks to the influencer.
During subscription, Influencers commit to respecting the good conduct charter provided on the platform, which bans any cheating system that might enable them to fraudulently earn points or money. If the Company is aware of any suspicious activity, Influencers take the risk to have a part or all of their remuneration cancelled and to be banned from the platform.
A promotional post cannot be a misleading or disguised advertisement; it has to be visible by anyone for the definitive calculation of the payment. The post content cannot harm the Brand and has to be related to the Campaign influencers were accepted on. It cannot encourage conducting any action that has no connection to the Campaign.
For CPC (cost-per-click) campaigns, only social media clicks that are relevant to the Campaign and generated from the targeted audiences will be recorded. Consequently, the followings will not be taken into consideration: duplicate clicks, automated clicks generated by a person, a robot, a program or any similar device, including clicks from the IP address or computer of the Influencer, clicks requested by the Influencer through payment or misleading statement or inquiries inviting a Social Network user to click on a promotional post or to achieve others actions, clicks related to a significant number of activities as described above, clicks to pages that are no longer visible at the time of payment.
Regarding videos, the Brand (or product) has to be highlighted at the beginning of the video and for an adequate duration to explain the product features. The Brand is free to judge if the presentation time is long enough.
Terms of use of the Earnin platform for influencersCoins/Crowns are equal to money after a pre-defined threshold. All influencers can withdraw the coins once the threshold click/download limit reaches. For example 100 Coins/Crowns = 2000 Rs. Withdrawal is allowed only when the influencer’s account reaches 100 coins threshold.
Earned coins/Crowns shall be on hold until the threshold limit reaches. These withhold funds cannot be withdrawn by the influencer. Earnin can retrieve back the fund in a particular deal if that particular deal didn’t reach the threshold.
If the deal expires before the threshold limit reaches; all the with hold funds shall be reverted back to the vendor’s account.
Once a withdrawn request is initiated by the users, it will take 4-7 working days to get the fund remitted in their account.
Campaign EndingA Campaign arrives at its end for Influencers when: the due date is reached, in the case of a Campaign created with a due date by the Brand / Agency, and/or when the maximum budget allocated to a Campaign is reached.
Users Obligations, Liabilities, and GuaranteesInfluencers agree to have received all the necessary information to register to the platform knowingly. Company software are known to be available to Influencers as is, without any adjustment measures. They are related to standard software systems that will not meet all Influencers specific needs.
Therefore, Influencers have to verify whether the offered services fit their needs and should take any required measure.
Influencers are responsible for their Social Network accounts’ use: whether it is for the connexion to the Service or for promotional posts publication. Any post with an offensive nature, transmitting a misogynist, sexist, sexual, homophobic, racist, xenophobic message or glorifying rape will be deleted automatically from the platform and will not be eligible for payment. Campaign participation will then be cancelled if the post is not modified or deleted quickly.
Any use of the Service or online upload of a promotional post through social networks will be considered done by the Influencer even in the case of a password loss or a password given to another person by the Influencer.
Influencers admit that: publishing a promotional post on their Social Networks and personal pages is considered as a service delivery for which they receive payment. The Company does not practice any subordinate relationship with them. In the event of failure to comply with the following legal notices, general terms of use, laws and valid regulations, their liability will be engaged.
Consequently, Influencers guarantee: Promotional Posts content is and will always stay consistent with the present Legal Notices and General Terms of use, Social Networks terms and conditions, and applicable laws and regulations; the Company counters any remedy or action (including legal fees) from a third party, particularly internet users following the Company’s service use, violation of these Legal Notices and General Terms of use, and any contractual documents, or more widely an law violation; the Company counters any prejudicial acts Influencers might commit via social networks including in the event of non-implementation of contractual obligations towards a specific network.
You represent and warrant that you own or otherwise control all of the rights to any of your Content submitted by you; that all User Content submitted by you is accurate; and that usage of such user content by us and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
You will indemnify, hold harmless, and defend us, our affiliates, and our representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims resulting from:-
You acknowledge that We have no obligation to monitor yours – or anyone else's – access to or use of the Services for violations of the Terms or to review or edit any content. However, we have the right to do so to operate and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or governmental body.
You hereby agree and assure Us that Our Platform shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Earnin in any form or manner whatsoever.
Any Content uploaded by you, shall be subject to the laws of India and may be disabled, or and may be subject to investigation under the appropriate law(s), rules and regulations. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of our Platform, we have the right to immediately block your access and usage of our Platform and we will have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available under various applicable laws.
TO THE POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM:
We reserve the right to change, modify, or remove the contents of the Earnin at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
ENTIRE AGREEMENT AND WAIVERThe Terms, together with the 'Privacy Policy shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
SEVERABILITYIf any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
RELATIONSHIPNone of the provisions of these Terms shall be deemed to constitute a relationship, partnership or agency between you and us and you shall have no authority to bind us in any form or manner, whatsoever.
GOVERNING LAW & DISPUTE RESOLUTION:The Courts of Bangalore, Karnataka Shall have exclusive jurisdiction for any dispute if remain unresolved after arbitration or for any challenge to the Arbitration clause mentioned above.
NOTHINGWITHSTANDING ANYTHING CONTAINED HEREIN, YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
We shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through our Platform, or through your videos advertised on any other Platform, by end-users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright and other intellectual property rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services. If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
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.