Version 1: 17 June 2024
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By engaging with Taptap Send to carry out promotional activities within their networks (the “Engagement”), Influencer agrees to abide by these Terms. Specific terms and conditions pertaining to the engagement, including but not limited to compensation, content requirements, and term, will be detailed in the Influencer/Agency Scope of Work Agreement ("Agreement").

Where a term is capitalized in these Terms, and is not specifically defined herein, the definition assigned to such term in the Agreement shall apply.

Where Taptap Send is engaging with an influencer agency ("Agency"), any reference to "Influencer" in these Terms shall also be read as applying to the Agency and any influencers managed by the Agency engaged to produce content for Taptap Send.

Influencer and Taptap Send are collectively referred to as the “Parties” and each individually, a “Party”.

1. Terms of Engagement

1.1. Influencer acknowledges and confirms being aware that Taptap Send conducts a regulated activity and further undertakes and warrants, when promoting Taptap Send to their networks, to: 

1.1.1. act conscientiously, with reasonable care and skill and in a professional manner at all times and in compliance with any instructions Taptap Send may give Influencer from time to time;
1.1.2. comply with all applicable laws, regulations and guidelines (including where applicable the CAP Code and CMA’s Compliance Principles), as well as all rules, policies and guidelines of any social media platforms used;
1.1.3. comply with the guidance contained in the Taptap Send Marketing Guide for Agencies, Influencers and Ambassadors (“Marketing Guide”);

1.1.4. not act in such a way as to bring Taptap Send or its affiliates into disrepute, or otherwise tarnish their image or conflict with brand values;
1.1.5. not to deliberately target unsuitable markets, including but not limited to persons under 18, with their advertising activities;  
1.1.6. ensure Influencer does not mislead Taptap Send’s customers or target customers by making untrue or unsubstantiated statements. This includes not misstating or misrepresenting Taptap Send (or its affiliates) or its services in any way, including not making claims that Taptap Send’s services are free or instant (please see Taptap Send’s Marketing Guide for how to talk about Taptap Send’s fees and transfer speed.);
1.1.7. not directly compare Taptap Send to its competitors;
1.1.8. not use artistic content (photos, videos, music, artwork) without written permission from the owner/artist;
1.1.9. not use the logos of affiliates or competitors of Taptap Send without prior permission from Taptap Send;
1.1.10. not depict any political, controversial, illegal or culturally inappropriate activity/content in the advertising or on their social media accounts; and
1.1.11. make it clear to customers that content produced for Taptap Send is advertising (always use the social media platform’s built-in ad disclosure feature, stating at the start of a video that it’s a paid ad for Taptap Send and/or by using the hashtags #Ad, #Anziege and #Publicité on social media posts).

1.2. All marketing materials, including social media posts, created by Influencer in connection with this Agreement must be approved by Taptap Send in writing before use, unless otherwise agreed in writing by Taptap Send.

1.3. Influencer hereby agrees to remove any ads or posts immediately if requested by Taptap Send at Taptap Send’s sole discretion.
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1.4. Influencer hereby agrees to inform Taptap Send if they are subject to any criminal or disciplinary proceedings.
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2. Compensation Terms

2.1. Payments are contingent upon Influencer posting new and original content in accordance with the service requirements outlined in the Agreement. If the Influencer(s) fails to post such content in any given month, Taptap Send shall have no obligation to make payment for that month.

2.2. Where Influencer is paid contingent on new user sign-ups using Influencer’s promo code(s), Taptap Send reserves the right to review transactions made using Influencer’s promo code(s). Any transactions deemed to constitute promo code abuse will result in the Influencer forfeiting receipt of the fee for such transactions. Such abuse will also give Taptap Send the right to immediately terminate the Agreement.

2.3. Where the Agreement denotes that Influencer is subject to a Trial Period:

2.3.1. During the Trial Period, the Influencer's performance will be assessed based on the criteria agreed upon by both parties, which may include, but are not limited to, engagement metrics, content quality, and adherence to brand guidelines.

2.3.2. At the end of the Trial Period, both Parties shall engage in a discussion to evaluate the Influencer’s performance and determine whether to continue with the Agreement. If both parties agree to continue the Agreement after the Trial Period, the term of the Agreement shall become indefinite and shall continue until terminated as provided herein.

3. Right to Pause the Agreement

3.1. Taptap Send reserves the right to pause this Agreement for one or more months of the Agreement term upon notice in writing to the Influencer. Such notice shall be given in advance of the first day of the first applicable month from which the pause shall take effect.

3.2. In the event that the Agreement is paused, Influencer will not receive any fees for the applicable month(s). At the end of the paused period, Taptap Send will either give written notice either of its intention to terminate with immediate effect or to resume the Agreement and the effective date of the resumption. Where applicable, upon resumption, the Agreement shall continue for the number of months remaining of the term at the time that the Agreement was paused, unless terminated earlier in accordance with Section 4.

4. Termination of the Agreement

4.1. Either Party may terminate this Agreement with 15 days’ notice in writing to the other Party.

4.2. Taptap Send shall be entitled to terminate this Agreement on written notice to Influencer with immediate effect if Influencer is in breach of any warranty or material obligation contained in this Agreement or the Terms and in the event of any suspected promo code abuse.

4.3. Upon termination of the Agreement, Influencer shall immediately cease all activities related to Taptap Send and shall no longer associate themselves with Taptap Send in any manner. Where requested by Taptap Send, Influencer agrees to remove any references to Taptap Send from their social media profiles, websites, and any other public or private channels. Failure to comply with this provision shall be considered a material breach of these Terms and the Agreement.

5. Influencer Warranties
5.1. In signing the Agreement, Influencer confirms and warrants that:

5.1.1. they have read and will comply at all times with the Marketing Guide;  
5.1.2. they have read and will comply at all times with this Agreement and the Terms;
5.1.3. they will not work for any other money transfer business competing with Taptap Send (whether in a paid or unpaid role) for the duration of this Agreement and 3 months thereafter;
5.1.4. they have the full capacity, power, and authority to enter into this Agreement and to perform the obligations required hereunder; and
5.1.5. that all information provided to Taptap Send, including but not limited to personal details, qualifications, and representations of their ability to act as a service provider, is true, accurate, and complete.
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5.2. Any breach of these or any of the warranties set out in section 1 shall be considered a material breach of the Agreement.
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6. Confidentiality 

6.1. Influencer agrees that they shall not at any time during this Agreement, and for a period of one year following termination, disclose to any person any confidential information concerning the business affairs, customers, clients or suppliers of Taptap Send or its affiliates, except as permitted in writing by Taptap Send. 

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6.2. Neither Party shall use the other’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

7. Intellectual Property 

7.1. Influencer hereby warrants that all content used in the promotion of Taptap Send shall be either their own original content (produced or purchased) or content for which they have the written permission of the artist/owner to use for this purpose.

7.2. Influencer hereby assigns to Taptap Send absolutely and with full title guarantee all of their rights, titles and interests in and to the copyright in all media and all other rights in all content and products arising from their activities under this engagement.

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7.3. Influencer hereby irrevocably grants to Taptap Send their consent to make full use of all content and products created by them pursuant to this engagement. 


7.4. Influencer hereby irrevocably grants to Taptap Send a non-exclusive license worldwide for the duration of the engagement to use Influencer’s name, image, slogans, biography and logos.  

8. No Partnership or Agency

8.1. Influencer acknowledges and agrees that they are engaged as an independent service provider and not as an agent, employee, or representative of Taptap Send.

8.2. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute either Party the agent or employee of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other party.

8.3. Influencer does not have any authority to bind or commit Taptap Send in any way or to incur any obligations on behalf of Taptap Send without the prior written consent of Taptap Send.

8.4. Any actions taken by Influencer that are outside the scope of this Agreement shall be the sole responsibility of Influencer.

9. Influencer Agencies

9.1. If Influencer is an Agency, Agency must ensure that all Influencers under its management who are providing services for Taptap Send are made aware of and comply with all obligations set forth in the Agreement and these Terms.

9.2. The Agency shall be responsible and liable to Taptap Send for any breach of these obligations by any Influencer under its management.

10. Indemnity

10.1. Influencer agrees to indemnify, defend, and hold harmless Taptap Send and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to the Influencer's failure to comply with marketing guidelines, applicable laws, regulations, and platform policies. This obligation to indemnify shall include any fines, penalties, or other liabilities incurred by Taptap Send as a result of such non-compliance.

10.2. Influencer agrees to maintain, at their own expense, sufficient insurance coverage to support their indemnity obligations under the Agreement. This insurance coverage shall include, but is not limited to, general liability insurance and professional liability insurance.

11. Governing Law and Jurisdiction

11.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

11.2. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

12. Amending the Agreement

12.1. The Agreement may be amended, supplemented or otherwise modified in a written document signed by each Party that identifies itself as an amendment to the Agreement.

13. Supersession and Termination of Prior Agreements
13.1. In the event that Taptap Send issues a new Agreement to Influencer before the expiration of the current contract, the new contract shall terminate and supersede the previous Agreement.

14. Third Party Rights
14.1. The Agreement is made solely for the benefit of Taptap Send and the Influencer, and their respective successors and assigns.
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14.2. Except as expressly provided in the Agreement, nothing in the Agreement or these Terms is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Agreement.

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