Updated 21st October 2021
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions. You shall not access or use the Platform or Services or accept these Terms and Conditions if you are not of legal age to form a binding contract with PASSIONATION. If you do not agree with the Terms and Conditions, do not access or use the Platform or Services.
PASSIONATION offers an application on the internet ("Passionation") which allows users who register with PASSIONATION and become approved as "Influencer" by PASSIONATION to incorporate specific advertisement messages ("Advertisements"), in a manner instructed by PASSIONATION as part of advertising programs provided by online advertisers ("Advertisers") on social networking sites and publishing services that are approved by PASSIONATION. As the Advertisements are published, they are displayed alongside the Influencer's other messages. Influencers will be financially rewarded for successful transactions, which originate from a published Advertisement that was previously approved by PASSIONATION, and that complies with the commission guidelines published by PASSIONATION in connection with the rules for the PASSIONATION program for publication of Advertisements (the "Program"). All such payments to Influencer are referred to as "Payments".
The Campaign Value stated on the Platform represents the Final Value which is inclusive of any applicable sales, deduction of all marketing and co-branding marketing activities, services tax, GST, value added tax or similar tax that may be introduced by the local government from time-to-time.
In order to use certain features of the Platform and to use the Services, you must apply for an Influencer account with the Program ("Account") by providing certain information about yourself as prompted by the Platform registration form. You represent and warrant that:
If your Advertisements application is approved, at PASSIONATION’s sole discretion, and subject to inventory availability and the needs of the applicable Advertisers, PASSIONATION shall contact you regarding the placement of Advertisements, which you shall include on your SMP posts in order to earn Payment in accordance with the Program's commission guidelines. Hereafter, "Advertisements", "ad(s)", and any combinations thereof means Advertisements listed, provided, or made available to you specifically by PASSIONATION. You have the freedom to customize the Advertisement as you see fit, subject to the following restrictions and such other restrictions as notified to you by PASSIONATION:
(i) Your friend(s) must be a legal resident of Malaysia;
(ii) Your friend(s) must download the PASSIONATION app (if applicable) and apply for the dedicated campaign;
(iii) Your friend(s) must meet the requirement stated in the campaign brief; (iv) Your friend(s) has successfully completed the campaign.
Your Account is under constant review and if you submit User Content (as defined below) that does not follow our User Content Guidelines or is otherwise in violation of these Terms and Conditions, you acknowledge and agree that PASSIONATION has the right to retain any and all Payments otherwise owed to you. Violation of PASSIONATION rules or any other terms and conditions herein will result in immediate suspension or termination of your Account in PASSIONATION. PASSIONATION may in its sole discretion and with or without notice, limit or deny access to your Account, the Services, and/or the Platform for any reason whatsoever. If at any time, for any reason, PASSIONATION determines that your Account is no longer approved, PASSIONATION reserves the right to revoke and terminate your Account.
Subject to this section, these Terms and Conditions will remain in full force and effect while you use the Services. You may delete your Account at any time, for any reason, by following the instructions on the Platform. PASSIONATION may suspend or terminate your Account and access to the Services for any reason in its sole discretion, including for violations of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and right to access and use the Services will terminate immediately. PASSIONATION may perform automated or manual auditing of your Account activities for compliance with these Terms and Conditions. You agree that if PASSIONATION determines in its sole discretion that you have violated these Terms and Conditions in any manner, your Payments may be forfeited, at PASSIONATION’s discretion. You understand and agree that if your Account is terminated for violation of these Terms and Conditions, you shall have no right to register for another Account on PASSIONATION. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our Platform and live databases. We will not have any liability whatsoever to you for any termination of these Terms and Conditions, including for termination of your Account or deletion of your User Content. PASSIONATION reserves the right to modify or discontinue any or all of the Program, Platform, or Services with or without notice to members. PASSIONATION will not be liable to you or any third party for termination of any Service.
You acknowledge that PASSIONATION may OR MAY NOT pre-screen User Content, but that PASSIONATION and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any User Content that is available in the PASSIONATION Network. Without limiting the foregoing, PASSIONATION and its designees shall have the right to stop any promotion including Payments for any Advertisement it deems a violation of the Terms and Conditions or is otherwise objectionable.
Payments, calculated according to the Platform or Services’ commission guidelines, are made to your designated account unless another arrangement is agreed upon between you and PASSIONATION. It is your responsibility to ensure that your designated account is correct, up-to-date and to expedite amendments of your designated account information if needed. We will not be responsible for any payments made to the wrong person (based on your designated account information). Payments to your designated account are deemed as Nett amount which are subjected to the current payment terms dictated by PASSIONATION’s terms and conditions. Payments will be deposited into your designated account (“the Funds”) automatically within approximately sixty (60) days after the end of each calendar month upon the completion of the service once your unpaid earnings reach the payment threshold as listed under Annexure A.We will notify you via email that a deposit has been made to your bank account and the amount of the deposit. Payments will be subject to a reduction (or) transaction fees (in funds) equal to the fees associated with the transaction.
You are responsible to provide accurate, current and complete information about your bank account to enable the process of refund to your bank account. We shall not be liable for any losses or damages suffered by you due to any incorrect banking information provided by you.
PASSIONATION is the sole owner of the information collected based on the Platform and Services required. We will not sell, share, or rent this information except as specifically disclosed herein or for the purpose of providing you and our other users with the Platform and Services. PASSIONATION collects information from our users at several different points on our Platform. PASSIONATION may share aggregated and anonymous demographic and statistical information with its business partners. Furthermore, we may need to disclose personally identifiable information when required by law.
In relation to all personal information obtained pursuant to this Agreement, user data that is of personally identifiable nature is collected under the Personal Data Protection Act 2010 (“PDPA”) as set out in Annexure X.
The Platform and the Services includes a combination of content created by us, or provided to us. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Platform and the Services, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks, and all intellectual property rights contained therein, (collectively, the "Content") is owned by us unless stated otherwise. Subject to the terms of these Terms and Conditions, PASSIONATION grants you a non-transferable, non-exclusive, license to use the Platform and the Services for your internal business use.
The rights granted to you in these Terms and Conditions are subject to the following restrictions:
The Platform and Services will also include content provided by you ("User Content"). User Content will include your name and likeness. You warrant and represent that your User Content provided by you is:
If you provide PASSIONATION any feedback or suggestions regarding the Platform or Services ("Feedback"), you hereby assign to PASSIONATION all rights in the Feedback and agree that PASSIONATION shall have the right to use such Feedback and related information in any manner it deems appropriate. PASSIONATION will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to PASSIONATION any information or ideas that you consider to be confidential or proprietary.
You represent and warrant that you will not use the Platform or Services to:
You acknowledge and agree that all information and content provided to PASSIONTION, whether using website or app, on any devices, shall be deemed Private and Confidential. Your consent to the use of the Platform and Services also includes your sole and full responsibility to:
Each Platform or Services user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Platform or Service users are solely between you and such user. You agree that PASSIONATION will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform or Service user, we are under no obligation to become involved.
We specifically disclaim any and all express, statutory, or implied warranties regarding this Platform, Services, or any content, services or products provided through or in connection with this Platform, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, title, quiet enjoyment, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this Platform. WE MAKE NO WARRANTY THAT THE PLATFORM OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. We specifically disclaim any damage to any User Content or any unauthorized use of User Content; we specifically disclaim any promises or guarantees made by any third parties or other members of the Platform.
WE DO NOT PROMISE OR GUARANTEE THAT YOU WILL RECEIVE ANY OFFERS OR PAYMENTS UNDER THE PROGRAM.
In no event shall PASSIONATION or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorney’s fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, you agree that we are not liable for any amount exceeding the amounts owed to you for successful ADVERTISING services that comply with the Terms and Conditions herein. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXCEED THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold harmless PASSIONATION and each of its respective partners, clients, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of PASSIONATION. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the new effective date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by these Terms and Conditions or any future revised Terms and Conditions, you may opt out of the Program at any time by sending an email to firstname.lastname@example.org. It is your responsibility to regularly review these Terms and Conditions.
PASSIONATION is not responsible for changes or variations in the layout or content of its Platform or Services. In the interest of our clients and Influencers, PASSIONATION puts forth its best efforts to ensure that all information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Platform or Services to become outdated without our immediate knowledge. Consequently, PASSIONATION will not be held responsible for product revision changes. Further, PASSIONATION reserves the right to make any changes or revisions to the Platform or Services with or without notice and reserves the absolute right to determine or restrict any content on the Platform or Services, including User Content.
We reserve the right to modify, suspend, discontinue or restrict the use of any portion of the Platform or Services, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
All communications with PASSIONATION should be e-mailed to: email@example.com or within the Platform.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms and Conditions, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and PASSIONATION and govern your use of the Platform and Services, superseding any prior agreements that you may have with us. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word ‘including’ means including without limitation. Your relationship to PASSIONATION is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and Conditions, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PASSIONATION’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms and Conditions shall be bound upon assignees.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.
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Personal Data Protection
In respect of Personal Data, each Party agrees and warrants that it shall:-
Except that the confidential information is: