Terms & Conditions
Fame influencer agency Inc believes that creators and influencers are Famous. Therefore, we have built FAME to enable everyone interested in brands, marketing, and social media to become influencers of all sizes.
​
In our app, people can sign up and get the opportunity to publish commercial advertisements and/or marketing campaigns on their Social media platforms on behalf of companies in exchange for compensation.
​
These user terms and conditions govern the use of Fame influencer agency Inc. We have tried to make them easy to understand as possible. Unfortunately, different legal requirements make this a difficult task, and different jurisdictions must be considered. Therefore, if you have any questions or concerns, please get in touch with us directly at: legal@fame.africa.
​
Introduction
​FAME is accessed by downloading the FAME user device application from iTunes App Store if the user device has the iOS mobile operating system or any other online portal through which software programs are made available depending on the operating system at hand (the “Fame App”). The App provides a digital service and marketing platform where users can access commercial advertisements and marketing material from companies available to share and post on the users’ social media platform accounts. The App is owned and provided by Fame Influencer Agency Inc, a company incorporated and registered under the state laws of Delaware.
These terms and conditions (the “Terms”) apply to all users who register for a user account in the App (“Users”). Users who publish marketing content on their social media platform account on behalf of a company are referred to as “FAME”. Users who are creating marketing campaigns in the platform to be published on social media platforms are referred to as “Brands”.
By registering, the User accepts these Terms, which constitute binding terms for the contractual relationship between the User and Fame Influencer Agency. The Terms may be amended from time to time after notice by Fame Influencer Agency to the Users. Nonetheless, it is the User’s obligation to keep adjourned with of the Terms at all times.
​
Using the App
By registering and accepting the terms of Fame Influencer Agency, the User can access the Fame App and the functions included in the app.
​
All Brands have entered into an agreement with Fame Influencer Agency, in order to be able to use the App and upload marketing campaigns (referred to as “Ads”” commercial” “collaborations” or an Ad”) to be published on the users’ social media platform accounts. A marketing campaign may either consist of content created by the collaborating Brand, or content created by the user based on the brief created by the collaborating Brand. After the brief is created and published in the app, users may apply to such the brand to be given the right to publish the Ad in exchange for monetary compensation or products. By applying for a campaign, the user agrees that the brand has the right to use the created material in its own channels/marketing up to 12 months after started campaign and that the rights to the material will be shared with the brand and Fame Influencer Agency. The Brand then selects the user or the users that it wants to publish the Ad in question. When the user has published the Ad/collaboration and it has been published for a minimum of seven (7) days, the user is entitled to a compensation based on their social media value in the app, or if other compensation specified in the brief. The user’s compensation for each Ad is set out in the Fame App and is determined by the number of followers that the user in question has on its social media platform account. Payment of the fee is made by the end of each month the following month after an Ad is posted.
To read more about how Fame Influencer Agency Inc handle Users personal data, please read the Privacy Policy.
​
The Fame App and its services are a platform for users and brands to connect and interact. And create commercial marketing.
​
The Fame App does not imply that Fame Influencer Agency itself commits to performing any services or assignments as regards the Fame Ad provided in the Fame App. Fame Influencer Agency is not responsible for any Ads provided in the Fame App as regards quality, content, and availability. Nor is Fame Influencer Agency responsible for the products the Brand is providing to the users to market.
User
A Famous user must be over the age of 18 to access and use the Fame App.
​
Fame Influencer Agency takes no responsibility of the content in the App and the Ads. It is the Brands’ responsibility to comply with applicable legislation and/or marketing ethics. And it is the Brands’ responsibility to comply that the products shared delivers good standard.
​
The user is entitled to terminate this agreement and leave the Fame App at any time. Fame Influencer Agency may, without prior notice, restrict, close, or terminate a user’s Fame App account in the Fame App if the User violates the Terms, or otherwise misuses or misrepresents the services in the Fame App. Of if the user doesn’t follow their obligation to the collaborating Brand.
​
There are no obligations or minimum activity records which must be fulfilled by the User, when registering in the Fame App.
​
Users are encouraged to report complaints and/or errors encountered in the Fame App to Fame Influencer Agency immediately. Complaints are sent to tech@fame.africa.
​
Users may only register one Fame user account. User accounts may only be used by the User to whom the registration information relates. It is forbidden to use another User's account; this will lead to termination in the Fame App.
​
After registering a user account, Users can connect their social media platform profile to the Fame App. By doing so, Fame can access information from the Users’ Social media platform profile to calculate the Users’ social media value and connect the Users to a campaign.
​
The User consents to not distribute software such as viruses that may harm the Fame App or other Users and also not to copy or modify any content from the Fame App.
​
Accessibility of the App
The Fame App is intended to be available for access around the clock and around the year. However, Fame Influencer Agency reserves the right to shut down the Fame App for a limited period during updates or maintenance. Fame Influencer Agency is not responsible for any dysfunction of the Fame App's availability that may occur due to internet connection, server dysfunction, or other third-party services.
​
The full-time accessibility mentioned above does not imply (i) that Fame Influencer Agency has an obligation to ensure that there always are Ads or collaborations available to share and post, (ii) a possibility to receive compensation at all times, or (iii) when maintaining the Fame App.
Contractual relationship
The Fame App provided by Fame Influencer Agency works as a digital marketplace for influencer marketing in which Brands and Users can interact with each other. Brands can upload Ads or collaborations, get in touch with users, contract user to publish the Ads, monitor the engagement and potential reach of published Ads and handle payment to Fame Influence Agency for the services provided from the Fame App. The users can get in touch with Brands, apply for the right to publish Ads/collaborations and receive payment for publishing of Ads in return.
​
Each time a user and a Brand agrees on the user publishing an Ad/collaboration on behalf of the Brand in the Fame App, the Brand enters into an agreement with Fame Influencer Agency who then enters into an agreement with the Fame user. Users and Brands can never enter into an agreement with each other directly, Fame Influencer Agency always acts as an intermediary.
​
Each agreement between Fame Influencer Agency and an user for publishing of an Ad (as agreed between the user and a Brand in the Fame App) constitutes an employment relationship between Fame Influencer Agency and the Fame App user in question. Such employment relationship is limited to publishing of the specific Ad/collaboration in question and ends after such has been published and the user has received compensation. Neither Fame Influencer Agency nor the Brand is under any obligation to provide tasks, duties, assignments, or any other possibility to receive compensation to the Fame app users.
​
Payment and Tax regulations
Payment for activities carried out through the Fame App by a user is made through the accounting payment solution. The compensation amount is the user’s social media value, which is calculated based upon the Fame app users’ number of followers on Instagram. The user’s social media value at the time of applying to an Ad/collaboration will be the compensation for that Ad/collaboration unless other compensation is specified in the campaign brief under “The compensation amount”, which each Ad/collaboration entitles the Fame app user to, may be changed by Fame Influencer Agency from time to time.
Fame app users are ultimately responsible for any tax consequences that may arise because of using the Fame App and uploading Ads/collaborations. However, Fame Influencer Agency is responsible for withholding of preliminary tax and payment fees for each payment made to users via the Fame App. The payment to users via the Fame App includes the applicable allowance the user is entitled to. Furthermore, Fame Influencer Agency is not responsible to send information to the user’s country Tax Agency, the responsibility to ensure the right Tax information is the users first and foremost. If a user receives products to be tested or used during a campaign in which the user participates, the user shall return the products to the providing company after the campaign ends if so, is stated in the agreement. Failure to do so can result in additional tax costs for the user. Fame Influencer Agency refers Users to the Tax Agency of their jurisdiction for further information of tax implications.
​
Fame Influencer Agency is a company registered in the US, under the state law of Delaware. Fame Influencer Agency if therefore responsible to send Tax information to the US Tax Agency, also known as the Internal Revenue Service.
​
Liability
Fame Influencer Agency is not liable for damage, and under no circumstance’s indirect damages, deemed to be caused by the use of the Fame App (e.g. User’s loss of profits etc). Fame Influencer Agency makes no warranties or representations, unless specifically stated in these Terms.
​
To make the Fame App as service- oriented as possible, the Fame App includes links to other websites on the Internet. These websites are owned and operated by other parties and Fame Influencer Agency does not provide any warranties and is not responsible for the availability or content of such websites. A link from the Fame App is not an indication of Fame Influencer Agency supporting such third parties or their websites.
​
Intellectual property
The content of the Fame App as well as the underlying software is protected under United states federal law and the state Law of Delaware. All intellectual property including but not limited to copyrights, which is created or uploaded in the Fame App is owned by Fame Influencer
Agency.
Unless otherwise stated in these Terms, all information and material available in the Fame App is property owned by Fame Influencer Agency Inc and unauthorized use and access constitutes a breach of these Terms. All rights not expressly granted under these Terms are reserved to the Company of Fame Influencer Agency inc.
​
Personal data
Fame Influencer Agency cares about your privacy on the internet. All our management of personal data is in accordance with the law. For further information, please view our full Privacy Policy.
Governing law and disputes
Fame Influencer Agency attempts to have satisfied Users, and therefore recommend Users to turn directly to Fame Influencer Agency with any comments and/or complaints about the Fame App and the services provided therein.
These Terms and all use of the Fame App is governed by the laws of the State of Delaware. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered the United States district court for the district of Delaware, United States of America.