Terms of Service for Brands
Effective Date: 16 January, 2025
Introduction
Welcome to Bak.com! We are an influencer marketing platform that connects brands with social media influencers (referred to as "Creators") to collaborate on paid campaigns. These Terms of Service (“Terms”) govern your use of our platform as a Brand (referred to as "Brand" or "You"). By registering and using Bak.com, you agree to abide by these Terms, forming a legally binding agreement between you and Bak.com. These Terms are intended to ensure that you understand your rights and responsibilities while using the platform.
User Representations
By using Bak.com, you represent and warrant that all information you provide during registration is true, accurate, complete, and up-to-date, and that you will promptly update it as necessary to maintain its accuracy. You confirm that you have the legal capacity to enter into and comply with these Terms of Service and that you are not a minor under the laws of the jurisdiction in which you reside. You agree not to access Bak.com through automated means, such as bots, scripts, or other non-human methods. Additionally, you will not use Bak.com for any illegal or unauthorized purposes, and your use will comply with all applicable laws and regulations. If any information you provide is found to be untrue, inaccurate, incomplete, or outdated, Bak.com reserves the right to suspend or terminate your account and deny you access to the platform, either temporarily or permanently, for current or future use.
Eligibility
To register and use Bak.com as a Brand, you must meet the following eligibility criteria:
- Be a legal entity, corporation, or business authorized to enter into binding contracts under applicable law.
- Be based in the United States or have legal standing to operate within the United States.
- Agree to use Bak.com for managing paid campaigns only, and not for any other unauthorized activities.
- You must comply with all applicable federal, state, and local laws, including but not limited to, advertising laws, privacy laws, intellectual property laws, and regulations enforced by the Federal Trade Commission (FTC).
Account Registration
- Account Creation: To become a Brand on Bak.com, you must create an account by providing accurate and complete business information, including your company name, contact details, and any relevant business documentation (such as tax identification, business registration details, etc.).
- Account Verification: Bak.com may require you to submit official documents to verify your identity, business operations, and tax compliance.
- Account Security: You are solely responsible for the security of your account and login credentials. Notify us immediately if you suspect unauthorized access to your account.
Campaign Creation and Participation
- Campaign Setup: Brands may create and post paid campaigns on Bak.com. These campaigns must include clear instructions, objectives, compensation, timelines, and content guidelines for Creators.
- Approval Process: Once a campaign is posted, Creators can apply for the campaign. You will have the opportunity to review and approve or reject applications from Creators. Bak.com reserves the right to intervene if there are disputes regarding approval.
- Content Guidelines: Brands are responsible for providing detailed content guidelines and ensuring that any content requested complies with applicable laws and industry standards, including but not limited to, intellectual property rights and consumer protection laws.
Payment Terms
- Payment Method for Campaign Fees: To work with a Creator by selecting them for a campaign, Brands must load funds into their wallets using only Stripe.
- Payment for Wallet Balance: To accept a Creator’s application and collaborate on a campaign, Brands must ensure their Bak.com wallet contains sufficient funds to cover the campaign cost. This balance must be available before the application is approved.
- Payout Schedule for Creators:
- Upon Request: Payments to Creators will be made within five (5) business days of campaign completion, following verification and approval by the Brand, if the Creator requests payment.
- Automatic Payout: If the Creator does not request payment, the payment will be processed to their account in the first week of the following month.
- Service Fees: Bak.com charges a service fee of 10% on campaign fees. This fee will be deducted from the total amount paid to Creators. Detailed fee information will be provided during campaign creation.
- Taxes: Brands are responsible for complying with all applicable tax laws in relation to payments made to Creators, including but not limited to withholding tax obligations.
Content Ownership and Usage Rights
- Ownership: As a Brand, you retain ownership of the content you provide and any intellectual property rights associated with your campaign.
- Creator’s License: Creators grant you a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and publish the content created in connection with the campaign, as outlined in the campaign agreement.
- Creator’s Ownership: Creators retain ownership of the content they create, but you, as the Brand, will have a license to use this content for the purposes specified in the campaign agreement.
Prohibited Conduct
Brands are prohibited from the following actions:
- Misleading Content: Posting false, misleading, or defamatory content that violates FTC guidelines or infringes on third-party intellectual property.
- Discrimination or Harassment: Engaging in harassment, discrimination, or any unlawful behavior in interactions with Creators.
- Fraudulent Practices: Engaging in any fraudulent, deceptive, or illegal practices in relation to campaign creation, payment, or influencer interaction.
- Non-Compliance with Law: Failing to comply with all relevant laws, including the FTC’s guidelines for influencer marketing and advertising.
Campaign Modifications and Cancellations
- Modifications: Brands may modify the details of a campaign (e.g., deadlines, compensation) before Creators are approved for participation. After approval, modifications to the campaign may be subject to agreement by both parties.
- Campaign Cancellations: Brands may cancel a campaign prior to Creator involvement without penalty. If a campaign is cancelled after Creator involvement, Brands may be liable for a prorated compensation based on work completed by the Creator.
Termination and Suspension
- By Bak.com: Bak.com reserves the right to suspend or terminate your account for violations of these Terms or fraudulent activity, at our sole discretion.
- By You: You may deactivate your account at any time by contacting Bak.com support. Any outstanding payment obligations or active campaign commitments must be settled prior to account deactivation.
Dispute Resolution
- Mediation: We encourage informal dispute resolution. In case this is unsuccessful, disputes will be resolved through mediation.
- Arbitration: If mediation fails, disputes will be subject to binding arbitration under the laws of the State of New York, United States. Arbitration will be governed by the rules of the American Arbitration Association (AAA).
- Class Action Waiver: By agreeing to these Terms, you waive any right to participate in a class action lawsuit or collective action against Bak.com.
Limitation of Liability and Disclaimer
- Liability: Bak.com will not be liable for indirect, incidental, or consequential damages arising from the use of the platform or services, including damages arising from interactions between Brands and Creators.
- Warranty Disclaimer: Bak.com makes no warranties regarding the availability, reliability, or performance of the platform. We do not guarantee that content posted on the platform will meet specific Brand expectations or be free from errors.
Governing Law
These Terms are governed by and construed in accordance with the laws of the United States. Any legal action or dispute arising from these Terms will be subject to the jurisdiction of the courts in New York, United States.
Amendments to Terms
Bak.com reserves the right to update or modify these Terms from time to time. We will notify Brands of any material changes via email or through the platform. Continued use of the platform after such changes constitutes your acceptance of the revised Terms.
Miscellaneous
These Terms of Service, along with any additional policies or guidelines provided by Bak.com, constitute the entire and exclusive agreement between you and Bak.com concerning your use of the platform. By agreeing to these Terms, you acknowledge that you have read, understood, and accepted the terms outlined, including any updates or revisions. This agreement supersedes any prior agreements or communications, whether written or oral, between you and Bak.com regarding the platform.
In addition, Bak.com will not be held liable for any delays or failure to fulfill its obligations under these Terms due to circumstances beyond its reasonable control, which include, but are not limited to, natural disasters, governmental actions, technical issues, strikes, or any other force majeure events. Such circumstances may delay, prevent, or otherwise affect Bak.com’s ability to perform its services, and you agree that Bak.com will not be responsible for such interruptions.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a court of competent jurisdiction, the remainder of the Terms will remain in full force and effect. The invalidity of any specific provision will not affect the enforceability of the remaining provisions, and those will continue to govern your use of Bak.com.
Bak.com reserves the right, at its sole discretion, to assign or transfer its rights and obligations under these Terms to any third party, without requiring your consent or providing prior notice. This includes, but is not limited to, transferring responsibilities related to platform operations, services, or data management. However, you may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Bak.com.
If you have any questions regarding these Terms, please contact us at support@bak.com.
Terms of Service for Creators
Effective Date: 16 January, 2025
Welcome to Bak.com!
We are an influencer marketing platform that connects brands with social media influencers (referred to as "Creators") for collaboration on paid campaigns. These Terms of Service (“Terms”) govern your use of our platform as a Creator. By registering and using Bak.com, you agree to these Terms, which form a legally binding agreement between you and Bak.com. These Terms are specifically for Creators using Bak.com to participate in paid campaigns.
User Representations
By using Bak.com, you represent and warrant that all information you provide during registration is true, accurate, complete, and up-to-date, and that you will promptly update it as necessary to maintain its accuracy. You confirm that you have the legal capacity to enter into and comply with these Terms of Service and that you are not a minor under the laws of the jurisdiction in which you reside. You agree not to access Bak.com through automated means, such as bots, scripts, or other non-human methods. Additionally, you will not use Bak.com for any illegal or unauthorized purposes, and your use will comply with all applicable laws and regulations. If any information you provide is found to be untrue, inaccurate, incomplete, or outdated, Bak.com reserves the right to suspend or terminate your account and deny you access to the platform, either temporarily or permanently, for current or future use.
Eligibility
To register as a Creator and participate in campaigns, you must meet the following requirements:
- Be at least 18 years old.
- Individuals who are at least 13 years of age may access and use the platform, provided they have obtained explicit consent from a parent or legal guardian.
- Have a minimum follower count of 1,000 on the social media platform(s) you intend to use for campaigns (either on a single platform or across multiple platforms).
- Agree to only participate in paid campaigns through Bak.com.
- Comply with all applicable laws and regulations.
Account Registration
- Account Creation: To become a Creator, you must create an account by providing accurate and complete information, including your name, contact details, and social media profiles.
- Identity Verification: You may be required to verify your identity through official documentation.
- Account Security: You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately of any unauthorized access to your account. Additionally, you are responsible for keeping your account information up to date, and must notify Bak.com of any changes to your social media profiles or contact information.
Campaign Participation
- Application Process: You may browse available campaigns and apply to those that align with your interests and audience. Brands will review your application and notify you of their decision.
- Communication: Communication with brands is restricted until you are accepted into a campaign. Once accepted, you may discuss content and deliverables with the brand.
- Content Delivery: You must deliver content that meets the brand’s requirements and deadlines as outlined in the campaign brief.
Payment Terms
- Payment Method: Payments for completed campaigns will be processed via Stripe, Bank Transfer, Crypto, and ADV Cash. Please note that some payment methods may incur additional fees or processing times.
- Payout Schedule: Payouts will be made within 5 days of campaign completion, subject to any verification or approval processes.
- Fees: Bak.com may deduct a service fee of 10% from your earnings. Detailed fee information will be provided during campaign participation.
Content Ownership and Usage Rights
- Ownership: You retain ownership of the content you create.
- Licensing: By participating in a campaign, you grant the brand a non-exclusive, worldwide, royalty-free license to use the content for the purposes outlined in the campaign brief. This license is valid for the duration specified in the campaign brief, unless otherwise agreed.
Prohibited Conduct
Creators are prohibited from engaging in the following activities:
- Using fake engagement metrics (e.g., purchasing followers or likes).
- Sharing false, misleading, or harmful content.
- Infringing on third-party rights, including intellectual property.
- Engaging in harassment or unprofessional behavior.
Termination and Suspension
- By Bak.com: We may suspend or terminate your account for violations of these Terms, fraudulent activity, or at our sole discretion. Violations may include but are not limited to: failure to meet content requirements, breach of communication rules, or engaging in prohibited conduct.
- By You: You may deactivate your account at any time by contacting support@bak.com.
Dispute Resolution
- Mediation: We encourage informal resolution of disputes. If this is unsuccessful, disputes will be resolved through mediation.
- Arbitration: If mediation fails, disputes will be subject to binding arbitration in the State of New York, United States. By agreeing to these Terms, you explicitly waive your right to pursue any claims against Bak.com in a court of law, except as permitted under U.S. arbitration laws. The arbitration will be conducted in English and governed by the rules of the American Arbitration Association (AAA). The arbitration process will take place in New York City, and all associated costs, including arbitrator fees, will initially be split equally between the parties. However, the prevailing party may be entitled to recover reasonable attorney fees and other related expenses. Creators should note that arbitration decisions are final, binding, and enforceable in a court of law, leaving limited options for appeal. Failure to comply with the arbitrator’s decision could result in further legal action and financial penalties. Arbitration is intended to be a streamlined and efficient resolution process, but it is also a serious legal proceeding, and participants are strongly encouraged to seek legal counsel before initiating or responding to arbitration.
Limitation of Liability and Disclaimer
Bak.com is not liable for indirect, incidental, or consequential damages arising from your use of the platform. We make no warranties regarding the availability, reliability, or accuracy of the platform. In case of technical issues or disputes regarding campaign deliverables, Bak.com will assist, but it will not be liable for any losses resulting from such issues.
Governing Law
These Terms are governed by the laws of the United States. Any disputes will be subject to the jurisdiction of the courts in the United States.
Amendments to Terms
We may update these Terms from time to time. Changes will be communicated via email or the platform. Continued use of Bak.com after changes take effect constitutes your acceptance of the revised Terms.
Miscellaneous
These Creator Terms of Use, along with any policies, guidelines, or operating rules posted by Bak.com on the platform, represent the entire and exclusive agreement between you and Bak.com with respect to your use of the platform. Any failure by Bak.com to enforce or exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Use shall be enforced to the fullest extent permitted by applicable law.
Bak.com reserves the right to assign or transfer any or all of its rights, obligations, and responsibilities under these Terms of Use to third parties at its sole discretion, without prior notice to you. Bak.com shall not be liable for any loss, damage, delay, or failure to perform caused by circumstances beyond its reasonable control.
In the event that any provision of these Terms of Use, or any part thereof, is found to be unlawful, invalid, or unenforceable, such provision or part will be deemed severable from these Terms, and the remaining provisions will continue in full force and effect.
No joint venture, partnership, employment, or agency relationship shall be created between you and Bak.com as a result of these Terms of Use or your use of the platform.
You acknowledge and agree that these Terms of Use shall not be construed against Bak.com based on the fact that Bak.com may have drafted them. Furthermore, you waive any and all defenses related to the electronic format of these Terms and the absence of signatures by the parties to execute these Terms.
Contact Information
If you have any questions about these Terms, please contact us at support@bak.com.
