ExcuseMe Term of Use
I. ExcuseMe DEFINITIONS
1. All community members of ExcuseMe, which may be either individual people or corporate entities, are referred to as “individuals” including you. ExcuseMe has created a service called “ExcuseMe platform” where Sponsors can contract directly with individuals to post online ads which can be images, text, videos or any combination of these. The people or corporate entities who are eligible to make Sponsorships to individuals through ExcuseMe are “Sponsors”.
2. Types of Sponsor offers: Sponsors can make sponsorship offers (Sponsorships) to individuals on ExcuseMe which individuals can then accept on the ExcuseMe app. Sponsors have the flexibility to make a Sponsorship that contains a fee, product, promotional offers (typically communicated as a code to be entered online), and/or donation.
a. Fixed fee Sponsorship – a Sponsorship for a fixed amount to be paid for promoting or recommending the Sponsor’s brand or products
b. Variable fee Sponsorship – a Sponsorship in which the amount to be paid is based on one of the following types of performance metrics
(1) CPE – Cost per engagement
(2) CPC – Cost per click
(3) CPA – Cost per action
(4) CPI – Cost per install
c. Product Sponsorship – a Sponsorship for a free sample of one of their products
d. Promotional offer – a Sponsorship for a discount to be used for the purchase of one of their products
e. Donation – a Sponsorship for a donation to Charity on behalf of individual
II. GENERAL INFORMATION ABOUT SPONSORSHIPS
If a Sponsor communicates a sponsorship to you, the sponsorship will contain a deadline to respond to their offer. The Sponsor may ask you for additional information before finalizing the Sponsorship agreement. If you accept the invitation to potentially be sponsored, the Sponsor has a final opportunity to accept or reject the transaction. Sponsors have complete discretion over which sponsorship offers are finalized after the individual indicates an interest in participating.
III. CONSENTS AND PERMISSIONS YOU GRANT BY USING ExcuseMe
1. You will be given the opportunity to link your social accounts such as Facebook, Twitter, YouTube, and Instagram. You expressly grant permission to ExcuseMe and Sponsors to access all information associated with your social accounts on listed networks including but not limited to your profile’s available inventory (meaning the details of the types of content you have posted on social networks) and data related to your profile and your audience, such as your number of followers, the demographics of your audience and the geographic locations of you and your followers, your content views and measures of popularity such as the number of engagements and reposts, as well as the performance of content on listed social networks.
2. You consent that ExcuseMe may track, record and then resell listed data. Although we won’t map this data to your name or personal information, it will get mapped to your general demographics so we can track how people interact with the content.
3. You consent to receiving inbound Sponsorships from brands for sponsorship, which you do not have to accept.
IV. OTHER GENERAL PERMISSIONS AND CONSENTS
ExcuseMe has the right to track, record and then resell data associated with how you use ExcuseMe, including the types of sponsorships you view and accept.
V. COMPLIANCE WITH LAWS AND POLICIES
ExcuseMe reserves the right to withhold any outstanding payments if any of the compliances below are violated.
1. You agree that you and all Content will fully comply with applicable laws, rules, regulations, and industry guidelines, including but not limited to the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 (collectively, “Applicable Laws”), and that you will disclose in every post that mentions or features a Brand that you have received benefits from the Brand as described in this Agreement and the Campaign Brief.
3. ExcuseMe will provide tools and features to reasonably help you to comply with Applicable Laws. Including but not limited to adding #sponsored/ #ad in the caption of your post automatically when possible.
4. You must be 13 or older to use ExcuseMe. If you are over 13 but under 18, you must have the permission of your parent or guardian.
5. You must not create any fake or duplicate profiles.
• Only one ExcuseMe account per individual and only one social account on each platform can be connected per ExcuseMe community member. Any individual with more than one ExcuseMe profile will have all active accounts flagged and permanently banned from the app.
6. Connected social accounts must be authentic and original. Fake accounts, accounts with content reposted or stolen from other people may be rejected and payouts denied.
7. Accounts with less than 100 followers and/or less than 15 authentic posts or that are private are ineligible to accept offers that involve sharing on their social network.
• All connected social accounts must be public and have 100+ followers, 15 pieces of content (80% original), and be created 6+ weeks ago. Accounts that do not meet these requirements will be ineligible to receive new offers.
8. Only individuals located in active ExcuseMe countries will be eligible for sponsorships and /or payment. These are limited to the United States, South Africa, Canada, the UK and Australia. The use of a VPN to download the app outside of these countries will not enable you to receive sponsorships or payment. Updated November 2019.
9. ExcuseMe reserves the right to deny offers to any individual whose social accounts may cause a threat to brands. This includes accounts with inappropriate and illegal content including nudity, organized crime, hate groups, bullying, excessive violence selling firearms, drugs or excessive alcohol, and vulgar speech (verbal and written).
VI. ADDITIONAL INFORMATION ABOUT THE RELATIONSHIP BETWEEN YOU, SPONSORS AND ExcuseMe:
1. Sponsors have full discretion of where their Sponsorships are displayed and they can choose to block their Sponsorships from your profile based on any criteria they choose. They may also withdraw Sponsorships even once accepted based on their determination of the suitability of your profile or your posts. Sponsors also have full discretion of where content you create pursuant to Sponsorships can be displayed and may exercise this discretion at any time for any reason, including creating and enforcing whitelists of acceptable places.
2. ExcuseMe does not warrant, promise or guarantee any level of brand sponsorships or pricing. ExcuseMe has no control over Sponsor activity through ExcuseMe and we are simply providing individuals the unique opportunity to have access to this advertising market through the ExcuseMe mobile application. It is entirely up to you to earn your Sponsorships revenue by having great, engaging content, and building your own audience of followers who regularly view your content to demonstrate to Sponsors that their ads will perform well on your profile.
3. Except for the payments described below, ExcuseMe does not take any responsibility for agreements reached between individuals and Sponsors using ExcuseMe.
4. You hereby grant to ExcuseMe and Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit all content that you create (i.e. your posts) that is sponsored through ExcuseMe as the platform currently exist or may be developed in the future.
5. Sponsors may give you content to use, like a logo, or an entire image to post. You agree that the Sponsor owns that content and is giving you a limited license to use those materials only as part of the arrangement created by ExcuseMe as part of the sponsorship agreement.
6. Unless otherwise specified by a sponsorship agreement, content that you create pursuant to that sponsorship agreement shall be considered a “work made for hire” according to U.S. copyright law, and such content (“Work Product”) and all intellectual property rights embodied therein shall be owned exclusively by the Sponsor. In the event any portion of the Work Product is not considered “work made for hire” or as otherwise necessary to ensure full ownership of the Work Product by Sponsor, you assign to ExcuseMe all right, title and interest in and to such Work Product. You agree to sign any additional documents that may be reasonably necessary to effect such assignment.
7. You acknowledge that your use of ExcuseMe means that we and Sponsors can use your sponsored content and include your name, likeness, social media handle, channel/blog name and similar attributes in any manner that we or Sponsors determine supports the purpose of these Terms, including use in any media that accepts advertising, promotional content or communications (such as, but not limited to, digital, print, television or radio). We and Sponsors also have full discretion to “boost” (i.e. to make into advertisements and increase visibility) your sponsored content on social media platforms.
VII. REVENUE AND PAYMENTS
1. Net Revenue: The listed sponsorship price you will earn upon completion reflects the Net Revenue collected by ExcuseMe to compensate us for giving you access to this marketplace. We use the word “Net” in Net Revenue to indicate that the revenue is net of the direct, variable costs related to providing this service. Sponsor payments are gross to Sponsor, and ExcuseMe will take its 20% fee from Sponsor payments it receives. In each case, ExcuseMe will also deduct an estimate of your hosting, streaming and storage costs. If ExcuseMe is the Sponsor of a Creator Challenge Sponsorship, Net Revenue will be specified by the terms of that Sponsorship.
2. You will be paid for your Net Revenue approximately 30 days after the sponsorship is completed. This length of time is to allow ExcuseMe adequate time to collect payment from Sponsors and then calculate the Net Revenue amounts. In the unlikely event that Sponsors defaults on the payments owed to ExcuseMe, ExcuseMe does not assume the risk of payment to you. In other words, ExcuseMe will only pay individuals after ExcuseMe has collected payment from Sponsors, and after it has calculated Net Revenue.
VIII. COLLECTING YOUR EARNED NET REVENUE
1. At the present time, ExcuseMe will only distribute funds for earned Net Revenue through PayPal or Stripe. We do not offer alternative payment methods so you must have a PayPal account to receive payment.
2. The minimum amount that you can request for payout is $1.00.
3. At the time of disbursement, PayPal’s fee of 2% (capped at $2.00) will be deducted. PayPal fee can be changed at any time by PayPal without a notice.
4. The first time that you select to “Redeem” funds from your account, you will be asked to link the PayPal account that you want to use for collection of payment.
(1) ExcuseMe is responsible for making sure that the correct amount of Net Revenue is submitted to PayPal for credit to your PayPal account.
(3) Note that PayPal may require the verification of additional account information for the disbursement of certain amounts to maintain compliance with financial regulations and tax reporting.
VIII. LIMITS OF LIABILITY
We are not liable for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury, wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded. Our liability for any direct damages may not exceed the amounts actually paid by us to you in connection with ExcuseMe in the last six (6) months. We are obligated to perform only those duties expressly described in these terms and in any agreement between you and any Sponsor. We are not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for our gross negligence or willful misconduct.