The FlyTrendy Platform is owned by FlyTrendy Group s.r.l., tax code and registration number in the business register of Milan-Monza-Brianza-Lodi 02609800699, REA no. MI-2556709, with registered office at via dell’Annunciata 2, Milan (MI) (“FlyTrendy”).
FlyTrendy has created the FlyTrendy Platform to enable the Brand and Influencer to interact, establish relationships, and create and distribute sponsored Posts through the Social Influencer Channels within the Influencer Community.
These General Brand Contract Conditions (the "CGCB") describe the methods of access and use of the FlyTrendy Platform, which are fully accepted through the Brand's adherence and/or use.
The contractual position of the Influencer is regulated by the General Influencer Contract Conditions (“CGCI”), which are fully accepted through the Influencer's adherence and/or use.
Following the approval of CGCI and CGCB, FlyTrendy grants the Influencer and the Brand a limited, non-exclusive, revocable, and non-transferable license for access and use of the FlyTrendy Platform.
The acceptance of CGCI and CGCB does not establish any relationship other than the use of the FlyTrendy Platform among the Influencer, the Brand, and FlyTrendy. In particular, it does not establish any partnership or agency relationship, employment, or fiduciary relationship, to name a few examples.
Access and/or use of the FlyTrendy Platform are subject to the acceptance of the CGCI by the Influencer and the CGCB by the Brand.
Each time the Influencer accesses and uses the FlyTrendy Platform, they agree to comply with the CGCI. If the Influencer does not intend to adhere to the CGCI, they must not access the FlyTrendy Platform and/or use it.
Each time the Brand accesses and uses the FlyTrendy Platform, they agree to comply with the CGCB. If the Brand does not intend to adhere to the CGCB, they must not access the FlyTrendy Platform and/or use it.
The FlyTrendy Platform allows the Brand to allocate a Campaign Budget to create an Advertising Campaign using the Campaign Builder functionality, with the aim of sharing it with the Influencer.
The Influencer will access the Advertising Campaign through the FlyTrendy App, creating and sending a Post to the Brand for approval, provided that the Brand may refuse or request modifications.
The Influencer may proceed to publish the agreed-upon Post only upon approval by the Brand, thereby executing the Advertising Campaign.
The Influencer will receive the Post Commission only upon approval of the Post and its publication through the Social Influencer Channels.
The FlyTrendy Platform is designed for use by individuals aged at least eighteen (18) years. Influencers and Brands are solely responsible for any interaction on the FlyTrendy Platform. In the event that FlyTrendy becomes aware of access by a person under the age of eighteen (18) to the FlyTrendy Platform, FlyTrendy will proceed to exclude them from it.
FlyTrendy reserves the right to modify the CGCB at any time by updating the relevant webpage and notifying the Brand through the email address provided in the Brand Account.
FlyTrendy reserves the right to intervene on the FlyTrendy Platform by making deemed necessary and/or appropriate changes, as well as for maintenance purposes, notifying the Brand through the email address provided in the Brand Account. On such occasions, access to the FlyTrendy Platform and its use may be temporarily suspended. However, FlyTrendy must provide specific notice at least twenty-four (24) hours in advance, using the email address provided in the Influencer Account and/or Brand Account.
FlyTrendy disclaims any responsibility regarding the process of creating the Advertising Campaign, Post publication, and Post Commission payment, considering that all these phases are managed exclusively by the Influencer and the Brand independently.
FlyTrendy particularly disclaims any responsibility for the material uploaded to the FlyTrendy Platform by the Influencer and/or the Brand, as it does not undertake any commitment to moderate, approve, monitor, modify, remove it, or verify its legality, validity, accuracy, or appropriateness.
The Influencer and the Brand cannot negotiate the execution and/or payment of an Advertising Campaign outside the FlyTrendy Platform.
The Influencer and the Brand commit: i) not to decompile, subject to reverse engineering, disassemble any element of the FlyTrendy Platform, even through third parties and/or in any other way; ii) not to distribute or republish any element of the FlyTrendy Platform in any way; iii) not to resell, lease, rent, or allow the temporary use of any element of the FlyTrendy Platform in any way; iv) not to tamper with, disable, or bypass any security features of the FlyTrendy Platform in any way; v) not to transfer any element of the FlyTrendy Platform to any third party in any way; vi) to ensure FlyTrendy's access to location and geolocation information; vii) to ensure FlyTrendy the possibility of using their respective logos in relation to the services and/or products provided.
The Influencer and the Brand agree not to participate in any crawling, scraping, caching activities, committing not to access any content of the FlyTrendy Platform in any way, except with the express authorization of FlyTrendy, communicated in writing through the FlyTrendy Platform upon request.
The FlyTrendy Platform may contain links to other sites not operated by FlyTrendy ("Linked Sites"). FlyTrendy disclaims any responsibility for the content of Linked Sites, their quality, and the nature of the products or services offered, used, or advertised by them. FlyTrendy also disclaims any responsibility for the possible collection and/or use of data and/or information carried out by Linked Sites. The Brand and the Influencer assume all responsibility for accessing and/or using Linked Sites.
The FlyTrendy Platform may also use social networks or share some functionalities and may contain links, applications, or other social media features (including but not limited to Facebook, Twitter, and Instagram; the "Linked Social Media"). The Influencer and the Brand accept the terms of use provided by the Linked Social Media used by the FlyTrendy Platform. The Influencer and the Brand also allow the FlyTrendy Platform to access all information shared on Linked Social Media. FlyTrendy suggests verifying the terms and conditions of use of Linked Social Media on the FlyTrendy Platform before selecting the respective links, applications, or functions and/or interacting with them. The FlyTrendy Platform is not in any way sponsored, endorsed, administered, or associated with any of the Linked Social Media.
All costs arising from the download, installation, access, and use of the FlyTrendy Platform are the responsibility of the Brand, who is solely responsible for using the FlyTrendy Platform.
The Influencer and the Brand must verify and ensure that the devices used are compatible with the FlyTrendy Platform and meet all the necessary technical specifications for access and use. FlyTrendy disclaims any responsibility regarding the material accessibility to the FlyTrendy Platform in relation to the connection service chosen by the Brand and/or the devices used by them.
In the event of a violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
The provisions of these CGCB regarding Brands also apply to Media Agencies.
2. BRAND ACCOUNT REGISTRATION
To use the FlyTrendy Platform, the Brand must download the Campaign Builder and register its Brand Account, as specified in the CGCB.
FlyTrendy reserves the right to refuse registration and/or cancel the Brand Account at its sole discretion.
All information provided during the registration of the Brand Account must be up-to-date, correct, and complete. Incomplete, ineligible, and/or incomprehensible registrations will not be considered valid. It is necessary to log in as required each time the Brand wishes to use the FlyTrendy Platform, and using another person's Brand Account without their prior consent is prohibited.
The Brand is obligated to maintain strict confidentiality regarding the details of its Brand Account and any activities carried out on the FlyTrendy Platform.
The Brand agrees to immediately notify FlyTrendy of any unauthorized use of its Brand Account or any other security violation. The access and use of the Brand Account are the exclusive responsibility of the Brand, which can communicate its deletion at any time.
FlyTrendy will not be responsible for any liabilities and/or damages suffered by the Brand in relation to the non-compliance with the CGCB.
FlyTrendy reserves the right to delete the Brand Account and/or prohibit the Brand's access to the FlyTrendy Platform (or any of its elements) if it believes that the Brand: i) is not using it in accordance with the CGCB; ii) intends to tamper with it in any way (or any of its elements); iii) has violated the CGCB and/or has been involved in any illegal and/or unlawful or otherwise improper activity aimed at endangering the normal operation of the FlyTrendy Platform (or any of its elements).
The use of any automated software or other mechanical and/or electronic means that allow the creation of one or more Brand Accounts is expressly prohibited. FlyTrendy reserves the right to suspend or delete any Brand Account created in violation of this provision.
The information provided by the Brand for the creation of the Brand Account will be intended solely for FlyTrendy, and the Brand will be responsible for its correctness.
The Brand expressly indemnifies FlyTrendy, Linked Social Media, and/or Linked Sites regarding the consequences of any loss, action, claim, cost, expense, and damage (of any nature) that may arise from the use of the FlyTrendy Platform.
Any questions, comments, and/or complaints regarding the FlyTrendy Platform must be addressed exclusively to FlyTrendy and cannot be transmitted to other entities and/or Linked Social Media.
In the event of a violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
3. DOWNLOAD OF THE CAMPAIGN BUILDER AND BRAND COMMITMENTS
To register a Brand Account, the Brand must: i) download the Campaign Builder and log in as required by the FlyTrendy Platform; ii) provide all requested data, including, by way of example and not exhaustively, full name and/or company name, email address, phone number, and password; iii) select the chosen payment method (bank transfer or debit to a current account and/or credit card); iv) provide all necessary and/or useful details for the execution of each payment.
No amount will be charged for the creation of the Brand Account.
FlyTrendy may, at its discretion, establish a minimum expense for Brand Accounts.
With regard to the material uploaded to the FlyTrendy Platform to create an Advertising Campaign, the Brand agrees to: a. grant FlyTrendy and its successors a royalty-free, perpetual, international, irrevocable, unconditional, non-exclusive, transferable license to use the material published on the FlyTrendy Platform for marketing and promotion purposes of FlyTrendy (and its products and services) in any manner, without further notice or permission and without additional compensation; b. grant the Influencer a royalty-free, perpetual, international, irrevocable, unconditional, non-exclusive, transferable license to publish, share, comment on the material published on the FlyTrendy Platform on its Social Influencer Channels as part of the approved Post in accordance with the CGCB; c. the Brand acknowledges and agrees that i) the license to use the material published on the FlyTrendy Platform will only take effect upon payment of the Post Commission and ii) the Brand is not authorized to use any material published on the FlyTrendy Platform in any way outside the FlyTrendy Platform until the Post Commission has been settled.
FlyTrendy has the right to cancel and/or suspend the provision of its services and/or suspend and/or delete the Brand Account if it has a reasonable belief that the Brand is not using the FlyTrendy Platform lawfully and/or correctly and/or reasonably in relation to its purpose and/or function as established in the CGCB.
4. BRAND'S REMUNERATION
The Brand agrees to pay the fees for using the FlyTrendy Platform, Post Commissions, and the agreed-upon fees, which will be indicated on its Brand Account in accordance with the CGCB. The payment of the amounts due as provided in the previous point must be made using the methods provided by the Campaign Builder or according to the written instructions transmitted by FlyTrendy.
Individual payments must be made, in the absence of different written indications from FlyTrendy, by credit card, PayPal, or another prepaid system and, in any case, through a provider authorized by FlyTrendy. FlyTrendy reserves the right to charge a specific commission for the use of credit cards.
FlyTrendy reserves the right to verify the reliability and effective functionality of the payment means and credentials provided by the Brand. The Brand guarantees, in any case, ownership of the payment means and credentials provided and that they are up-to-date, correct, complete, and sufficient in relation to the commitments undertaken.
The Brand agrees not to use fraudulent and/or illegal means and/or methods of payment.
The Brand will specifically allocate the amount intended for the Advertising Campaign using the Wallet function through the Campaign Builder before it begins.
FlyTrendy reserves the right to carry out a specific pre-authorization check of the payment means indicated by the Brand in relation to the spending commitment made for each individual Advertising Campaign.
In any case, the possibility of sharing the Advertising Campaign with the Influencer is expressly subject to the successful pre-authorization check on the payment means indicated by the Brand.
The Brand authorizes FlyTrendy to debit the amount due for the Post Commission after the publication of the agreed-upon Post by the Influencer through the FlyTrendy Platform.
If a Brand is not based in Australia or Italy or the European Union, the billing of due fees will not include, respectively, GST, VAT, or IVA, without prejudice to the charge of taxes, fees, and charges of any nature as applicable under specific legislative provisions.
In the absence of a different specific provision and/or agreement, the Brand must make payments due on sight.
Any timing and/or form and/or method of payment different from what is indicated in the CGCB must be specifically approved by FlyTrendy.
Without prejudice to the obligation of immediate payment undertaken, if the Brand does not make the payments due within seven (7) working days from the maturity of the debt, late interest of ten percent (10%) per year will be applied. FlyTrendy also reserves the right to suspend and/or exclude the defaulting Brand from accessing the FlyTrendy Platform by terminating any ongoing Campaigns.
The Brand agrees not to negotiate with the Influencer forms of remuneration different from those established by the FlyTrendy Platform, and in particular, by way of example but not exhaustively, not to negotiate as remuneration to the Influencer a product or service. The methods and timing of payment of fees due to Influencers may be subject to negotiation through FlyTrendy and the FlyTrendy Platform.
In the event of a violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
5. TERMS OF BRAND PARTICIPATION IN THE ADVERTISING CAMPAIGN
FlyTrendy reserves the right to refuse the Advertising Campaign if it does not comply with the provisions of the CGCB.
The Brand confirms that it will not negotiate, even through its successors or other third parties, agreements and/or payments with an Influencer outside the FlyTrendy Platform.
The Brand undertakes not to accept or attempt to negotiate with an Influencer the execution of a number of Posts greater than one for the recognition of a single Post Commission and/or a lump sum and/or unitary compensation.
The Brand undertakes to ensure the independence of the Influencer, regardless of the relationship resulting from the interaction on the FlyTrendy Platform.
The Brand guarantees: a. to own all Intellectual Property Rights to the material shared on the FlyTrendy Platform and to have the right to grant licenses on them to FlyTrendy and the Influencer as provided in these CGCB; b. to refrain from sharing material on the FlyTrendy Platform that it knows and/or reasonably suspects to be false, misleading, and/or illusory.
The Brand undertakes not to raise objections regarding the recognition of the Post Commission to an Influencer if the published Post is consistent with the agreed-upon Advertising Campaign.
The payment of the Post Commission will be recognized to the Influencer within (48) hours after the crediting of the respective amounts by the Brand, unless the Influencer has committed a violation of the CGCB, with FlyTrendy declining any responsibility related and consequential.
The Brand is recognized the purchase of intellectual property rights to the Post submitted for approval by the Brand only after the Influencer has published the content and received the agreed-upon compensation through the FlyTrendy platform.
The Brand agrees to use the rights of the post for uses allowed by law and not to in any way harm the image of the influencer.
The Brand agrees that FlyTrendy will not be responsible in any way for the content of the material shared through the FlyTrendy Platform, nor for the content of the Post.
FlyTrendy declines any responsibility for the use of the Post by the Brand.
The Brand acknowledges that the Influencer is a third and independent party and that the content of the Post is in no way determined by FlyTrendy. Consequently, the Brand accepts that the Influencer may publish Posts that are not in line with what was agreed upon in the creation of the Advertising Campaign. The Brand specifically acknowledges and agrees that FlyTrendy has no control over any Post that may be published by the Influencer, assuming all responsibilities and risks related to and resulting from collaboration with the Influencer through the FlyTrendy Platform.
The Brand acknowledges that FlyTrendy provides no guarantee of the success of the Advertising Campaign.
In the event of a violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
6. INTELLECTUAL PROPERTY
All material on the FlyTrendy Platform is the exclusive property of FlyTrendy and is protected by copyright and trademark laws, and cannot be used except for the functionalities granted to the Influencer and the Brand according to the provisions of the CGCI and CGCB.
The permission granted in the CGCI and CGCB to the Influencer and the Brand to use the functionalities of the FlyTrendy Platform does not give any right to use them outside of those provisions.
All rights, titles, and interests in all trademarks, logos, images, buttons, codes, layouts, texts, content, products, and services of FlyTrendy on the FlyTrendy Platform (the "Elements of the FlyTrendy Platform") are the exclusive property of FlyTrendy and will always remain the exclusive property of FlyTrendy.
FlyTrendy may grant a defined and non-exclusive license for the use of the Elements of the FlyTrendy Platform or some of them to the extent that it deems such a concession functional to the use of the FlyTrendy Platform.
In the event of a violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
7. ADDITIONAL DECLARATIONS OF INFLUENCER AND BRAND
The Influencer and the Brand operating on the FlyTrendy Platform guarantee, declare, and agree that:
a. All information provided to FlyTrendy when creating the Influencer and Brand Accounts is true, accurate, complete, and not misleading.b. Any other account on third-party social media and/or social networks to which they are subscribed and/or connected is their own account.c. If the different account refers to a Brand, it is an authorized entity of the Brand itself, to which the right to access social media and/or social network accounts has been granted and represents its interests.d. If the account refers to another entity, specific authorization has been obtained, including access to social media and/or social network accounts on behalf of its interests.e. They have the right and/or authorization to create an Influencer or Brand Account and accept the CGCI and CGCB.f. They are authorized to submit material to the FlyTrendy Platform according to the CGCI and CGCB.g. All material submitted to the FlyTrendy Platform will not contain content that:i. Is illegal and/or violates applicable laws of any degree or level.ii. Is wholly or substantially copied and/or adapted from other material.iii. Is indecent, obscene, threatening, discriminatory, harassing, violates security, is defamatory, offensive, and contains, represents, alludes to, or promotes aggressive, unruly, antisocial, lascivious, and/or illegal behavior and/or contains sexually explicit images.iv. Consists of parodies, discredits, and/or makes fun of FlyTrendy and/or its products and/or services in any other way.v. Requires passwords and/or personal information for commercial and/or illicit purposes, provides any phone number, postal address, last name, URL, or email address (unless the presence of these elements, regarding only lawful matters, is expressly requested in the Campaign).vi. Promotes illegal and/or unauthorized copying of another subject's copyrighted work (such as providing pirated computer programs or links to them, providing information to circumvent protected devices, or providing pirated material).vii. Involves the transmission of junk mail, chain letters, mass mailing of unwanted mail, or spam.viii. Violates privacy, contractual rights, and/or other rights of any subject (including Intellectual Property Rights).
In case of violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
8. PROVISIONS ON THE RELATIONSHIP BETWEEN INFLUENCER AND BRAND
The Influencer and the Brand acknowledge that:
a. The Influencer and FlyTrendy are not required to purchase products and/or services from the Brand.b. The Brand may, at its sole discretion, organize the sending of a sample product to the Influencer.c. The Influencer may request the Brand to send a sample product, but the Brand is under no obligation to do so.d. FlyTrendy will not be in any way responsible for delays in deliveries and/or non-delivery of products sent by the Brand to the Influencer.e. The address provided by the Influencer through the FlyTrendy Platform is not verified by FlyTrendy.f. If the Brand sends a sample product to the Influencer, it is not guaranteed that the Influencer will create a Post on that product or that any sent Post will be positively evaluated by the Brand.g. If the Influencer chooses to purchase a product, it is not guaranteed that the Influencer's Post on the product will be approved by the Brand.h. The CGCI and CGCB do not grant the Brand any rights to Intellectual Property Rights on the Posts and/or the Identity of the Influencer.i. The CGCI and CGCB do not grant the Influencer any ownership rights to the Intellectual Property Rights of the Brand.j. The CGCI and CGCB do not require the Brand to use the rights granted to the Brand by the Influencer.k. In the event that the Brand and the Influencer agree on the sending of drafts and/or samples, the related relationships must be executed exclusively through the FlyTrendy Platform.
In case of violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
9. GUARANTEES AND INDEMNITY OF INFLUENCER AND BRAND IN FAVOR OF FLYTRENDY
The Influencer and the Brand agree to indemnify and hold harmless FlyTrendy and its officers, employees, officers, and agents from and against any claims, liabilities, damages, losses, and expenses arising or connected in any way to the following (including the direct derivation of any liability from operating on the FlyTrendy Platform):
a. Materials uploaded to the FlyTrendy Platform and/or access to it.b. Violation of the CGCI and CGCB and/or any warranty made and/or agreement concluded.c. Claims against a Brand for any reason.d. Claims against an Influencer for any reason.e. Any claims by third parties (including another Brand and/or Influencer) directly and/or indirectly arising from the violation of any provision of the CGCI and/or CGCB.f. Any claim related to the fact that the materials uploaded to the FlyTrendy Platform violate the rights of third parties, including Intellectual Property Rights.g. Violation of any applicable laws.
In case of violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
10. LIMITATION OF LIABILITY IN FAVOR OF FLYTRENDY
By using the FlyTrendy Platform, the Influencer and/or the Brand may come into contact with materials uploaded to the FlyTrendy Platform that exhibit characteristics of dangerousness, obscenity, deceit, and/or negligence. FlyTrendy cannot be held responsible in any case for materials uploaded to the FlyTrendy Platform that exhibit such characteristics, including, for example but not limited to, the presence of any errors or omissions and/or any loss or damage of any kind, even resulting from the use of materials uploaded to the FlyTrendy Platform, as well as transmitted and/or otherwise made available through it.
FlyTrendy's liability to the Brand in relation to the CGCI and CGCB will be limited to the amount actually paid by the Brand to FlyTrendy for the services related to the most recent Advertising Campaign. FlyTrendy will not be liable to Influencers for damages of any kind arising from the use of the FlyTrendy Platform. In no case will FlyTrendy and/or any of its affiliated entities, successors, licensees, and/or assignees be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages arising from and/or related to the FlyTrendy Platform, the CGCI and/or CGCB, and/or any Post, material uploaded to the FlyTrendy Platform, and/or Campaign. The foregoing limitations apply even if the alleged liability is based on tort, contractual relationship, negligence, even if FlyTrendy and/or any other party has been informed of the possibility of the alleged damages occurring.
FlyTrendy makes no warranty and assumes no commitment regarding the availability and/or error-free, reliable and/or secure nature of the FlyTrendy Platform and/or free of viruses and/or other dangerous components. The Influencer and the Brand use the FlyTrendy Platform at their own risks and consequences, accepting that FlyTrendy disclaims any responsibility for damages and/or losses that may occur, regardless of whether they are direct or consequential. The Influencer and the Brand accept that FlyTrendy disclaims any responsibility for losses resulting from any interference, malfunction, delay, failure, and/or damage that may occur to the device used and/or resulting from access, installation, update, and/or use of the FlyTrendy Platform. The Influencer and the Brand are responsible for the use of the FlyTrendy Platform, including compliance with all applicable laws and regulations.
In case of violation of individual prohibitions and/or non-compliance with individual obligations as mentioned in the previous points, FlyTrendy reserves the right to suspend and/or exclude the Brand from the FlyTrendy Platform.
11. MONITORING
FlyTrendy reserves the right to monitor the FlyTrendy Platform and all activities of Influencer and Brand Accounts.
In the event that, during the execution of this monitoring activity, FlyTrendy detects signs of fraud, abuse, or any suspicious activity of any kind, it may, at its discretion, delete or suspend the Influencer Account and/or Brand Account that has committed or participated in such activity.
FlyTrendy retains the right to remove material uploaded to the FlyTrendy Platform that it considers to constitute a violation of the CGCI and/or CGCB.
In all cases governed by the preceding point, FlyTrendy reserves the right to take action for damages against the owner of the Influencer Account and/or Brand Account.
12. FORCE MAJEURE
In the event that the FlyTrendy Platform is unable to function for any reason and/or event beyond the possibility of repair and/or maintenance by FlyTrendy, it reserves the right, at its discretion, to cancel, terminate, modify, or suspend access to it.
Events and/or circumstances relevant under the previous point include acts of war, terrorism, states of emergency or disaster (including natural disasters), infections from computer viruses, bugs, tampering, unauthorized interventions, technical failures, and/or any event that may significantly affect the administration, security, integrity, and/or proper functioning of the FlyTrendy Platform.
13. EFFECTIVENESS OF CGCI AND CGCB
The CGCI and CGCB prevail over any other agreement entered into by FlyTrendy, the Influencer, and/or the Brand.
In the event that one or more clauses of the CGCI and/or CGCB are considered null and/or void and/or invalid and/or in any case inapplicable and/or ineffective, this circumstance will not affect the validity of the other separate clauses, which must be considered fully valid and effective.
14. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
The CGCI and CGCB are governed by Italian law, and the exclusive jurisdiction of the Milan Court is expressly agreed upon for any dispute that may arise from them, also with reference to their validity, interpretation, and execution.
15. COMMUNICATIONS
For the purpose of executing the CGCI and CGCB, for any communication with the Influencer and with the Brand, FlyTrendy provides the following contact information: i) for communications by mail: Piazzale Biancamano 8, 20121 Milan (MI); ii) for communications by email: hello@FlyTrendy.com.
16. INTERPRETATION AND DEFINITIONS
In the CGCI and CGCB:a. Words indicating a gender include all other genders;b. The singular includes the plural and vice versa;c. A term derived from another defined term has a corresponding meaning;d. Any reference to a natural person includes their personal representatives, successors, and authorized assignees;e. Monetary amounts are expressed in Australian dollars or euros.
The following terms have the meanings respectively indicated in the CGCI and CGCB: a. "Brand Account" refers to the registration account on the FlyTrendy Platform created and used by the Brand;b. "Influencer Account" refers to the registration account on the FlyTrendy Platform created and used by the Influencer;c. "Media Agency" refers to any entity engaged in the activity of social networks and/or social media;d. "FlyTrendy App" refers to the application through which the Influencer accesses the use of the FlyTrendy Platform, available for download at https://www.apple.com/itunes/ and on Google Play;e. "Brand" refers to each entity that uses the FlyTrendy Platform to create an Advertising Campaign;f. "Campaign Budget" indicates the amount of money that the Brand dedicates to the realization of the Advertising Campaign;g. "Advertising Campaign" indicates the Advertising Campaign commissioned by the Brand to the Influencer through the FlyTrendy Platform;h. "Campaign Builder" indicates the desktop platform that the Brand uses to create an Advertising Campaign to be uploaded to the FlyTrendy Platform and is available for download at http://brand.FlyTrendy.com;i. "Influencer Social Channels" indicates the social media and/or social network channels of an Influencer, such as Twitter, Facebook, or Instagram;j. "CGCB" indicates the General Brand Contract Conditions;k. "CGCI" indicates the General Influencer Contract Conditions;l. "Post Commission" indicates the consideration recognized by the Brand to the Influencer following the approval and publication of the Post;m. "Influencer Community" indicates the following of an Influencer on their Influencer Social Channels;n. "Content Right" indicates the procedure provided by the FlyTrendy Platform by which the Influencer sells to the Brand the rights to the Post submitted to the approval procedure;o. "Intellectual Property Rights" indicates all current or future intellectual property rights exercisable in any part of the world, including, by way of example but not exhaustively, rights related to or connected to copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, any rights related to the topography of silicon chips, confidential information, know-how, and the like, industrial and commercial intellectual property rights, whether or not registrable or registered, including the right to apply for the registration of such rights;p. "FlyTrendy Platform Elements" indicates all rights, titles, and interests in all trademarks, logos, images, buttons, codes, layouts, texts, contents, products, and services exclusively owned by FlyTrendy and present on the FlyTrendy Platform;q. "FlyTrendy" indicates FlyTrendy Group s.r.l., tax code and registration number in the Milan-Monza-Brianza-Lodi Business Register 02609800699, REA no. MI-2556709, with registered office at via dell'Annunciata 2, Milan (MI) (Italy);r. "Influencer Identity" indicates the name, image, distinctive sign, character, and online personality of the Influencer;s. "Influencer" indicates a social media influencer who registers on the FlyTrendy Platform to create Posts and receive compensation from Brands through it;t. "FlyTrendy Platform" indicates the FlyTrendy App, Campaign Builder, and any other functionality and/or website owned and/or associated with FlyTrendy;u. "Post" indicates a post for social media and/or social networks created by an Influencer and to be shared with the Influencer Community through the Influencer Social Channels;v. "Linked Sites" indicates websites accessible through certain functionalities of the FlyTrendy Platform;w. "Linked Socials" indicates social media and/or social networks accessible through certain functionalities of the FlyTrendy Platform;x. "Wallet" indicates the functionality of the FlyTrendy Platform through which the Brand allocates a certain budget for a specific activity.
Get started now
Book a call with us. We’ll show you how our platform can generate guaranteed sales for your brand.
