We would like to invite you to review our Campaign Terms & Conditions which regulate the terms and conditions of collaboration between you, the Influencer, and us, Rosefield, related to all campaigns organized by us with the use of Mavrck website and services.
Campaign shall be understood as a set of activities organized by Rosefield with the use of Mavrck website and services and oriented towards marketing and promotion of Rosefield’s watches, jewelry and accessories on Social Media.
Campaign Details shall be understood as an overview of a particular Campaign together with all relevant details of collaboration between Rosefield and the Influencer, including but not limited to: briefing on post requirements, post timelines etc. Campaign Details will be provided by Rosefield to the Influencer individually by e-mail before the start of the Campaign.
Deliverable(s) shall be understood as (an) online content(s) published by the Influencers on their Social Media accounts.
Social Media shall be understood as (an) online platform(s) through which users create online communities to share information, ideas, personal messages, and other contents. Examples of such online platforms, without being exhaustive, are: Instagram, Facebook, Pinterest, Youtube and blogs.
Influencer shall be understood as a natural person that owns an active and public Social Media account and is engaged in (a) Campaign(s) organized by Rosefield.
Rosefield shall be understood as Rosefield Watches B.V., a private company with its legal seat at Elandsstraat 44R, 1016 SG Amsterdam, The Netherlands and registered at the Dutch Chamber of Commerce (Kamer van Koophandel) under KvK number 62124234.
Rosefield and Influencer are hereinafter collectively referred to as the Parties and individually as a Party.
- ASSIGNMENT AND ACCEPTANCE
Rosefield is the exclusive designer, producer, manufacturer and the seller of Rosefield’s women watches, jewelry and accessories.
Rosefield wishes to engage Influencers in its campaigns oriented towards marketing and promotion of Rosefield’s watches, jewelry and accessories. The collaboration between Rosefield and the Influencer covers publication of online content(s) (Deliverables) on Social Media account(s) under the terms and conditions set out in these Campaign Terms & Conditions and Campaign Details.
By signing up for Rosefield’s Campaign, the Influencer hereby confirms that he/she acknowledges and agrees to the Campaign Terms & Conditions. Furthermore, the Influencer confirms that he/she acknowledges and agrees that Rosefield may amend these Terms & Conditions at any time without prior notice to the Influencer. In case Rosefield decides to do so, such amendments will be published on this page together with an indication of the date when the Campaign Terms & Conditions were last revised. The Influencer may access the current, effective copy of Campaign Terms & Conditions at any time by visiting this page
The Influencer will deliver an agreed number of Deliverables on the agreed Social Media platforms, as specified by Rosefield in the Campaign Details. The Deliverables shall conform with the specifications and instructions of Rosefield as outlined in the Campaign Details, abide by the rules of the relevant Social Media platform.
The caption of the Deliverable must include:
- a) a hashtag “sponsored”, and
- b) a hashtag including an equivalent of the word “advertisement” in the language in which the Influencer usually publishes his/her posts or communicates with his/her followers, if other than English.
The aim of introducing the above-mentioned hashtags is to explicitly and clearly disclose the commercial character of collaboration between the Influencer and Rosefield. Further guidelines are provided in the Campaign Details and are binding on the Influencer.
The caption of the Deliverable must not include:
- any name/image of any products competitive to Rosefield’s products,
- any negative statements and/or opinions about Rosefield or Rosefield’s products, or
- any other content that may in any way cause damage to Rosefield’s brand reputation and/or negatively affect such reputation otherwise.
Deliverables have to be uploaded on the date set out in the Campaign Details (“the publishing date”). Any alterations to the publishing date need to be discussed individually between the Parties and require a prior written approval of Rosefield.
In case the Influencer cannot publish the Deliverable on time due to any extraordinary circumstances (such as illness or serious personal matters), the Influencer undertakes to inform Rosefield thereof before the initial publishing date and is obliged to propose a new publishing date. Such date needs to be set within fourteen (14) days calculated from the initial publishing date.
All Deliverables are subject to Rosefield’s acceptance and approval. Rosefield reserves the right to reject or request an adjustment to any Deliverable published by the Influencer, provided that Rosefield must notify the Influencer thereof within twenty-one (21) calendar days upon the publishing date. Rosefield shall provide the Influencer with a specific information on the requested revisions and/or amendments.
The Influencer’s Social Media account needs to be public for the duration of the Campaign and shall remain public for at least one (1) month after the last Deliverable was published by the Influencer.
The Influencer must not delete any Deliverable earlier than after six (6) months calculated from the publication date.
- DELIVERY AND COSTS OF CAMPAIGN MATERIALS
The collaboration between Rosefield and the Influencer is based on a barter exchange of goods and services. Therefore, Rosefield will provide the Influencer with the necessary materials (i.e. watches/jewelry/accessories) in order to enable the Influencer to perform its activities. The costs of materials and shipment will be fully covered by Rosefield, except for as provided below.
In case the Influencer does not publish a Deliverable on the date set out in the Campaign Details and:
- does not notify Rosefield about the reasons therefore,
- does not provide Rosefield with a proposal of a new publishing date(s),
- and does not publish the Deliverable within two (2) weeks after the initial publishing date,
the Influencer will be obliged to pay for Rosefield’s materials (i.e. watches, jewelry, accessories) received. An invoice for the materials received will be send by Rosefield to the Influencer and shall be payed within thirty (30) days upon receipt of the invoice.
- INTELLECTUAL PROPERTY RIGHTS
Ownership of all intellectual property rights related to the Deliverables published by the Influencer on his/her Social Media account shall remain the Influencer’s property.
Notwithstanding the above, the Influencer grants Rosefield a (sub)licence to repost the Deliverable on Rosefield’s Social Media accounts, in Rosefield’s newsletters, in Rosefield’s Social Media advertisements and on Rosefield’s official website http://rosefieldwatches.com in all language variations. This (sub)license is granted by the Influencer to Rosefield for an indefinite period of time.
The Influencer shall indemnify Rosefield or any of Rosefield affiliates for any claim by third parties regarding intellectual property rights related to any content published by the Influencer on his/her Instagram account. Influencer will bear all costs incurred by Rosefield as a result of such and reimburse any compensation Rosefield or any Rosefield affiliates will have to pay as a result of such claim.
The Influencer shall indemnify and hold Rosefield and/or any Rosefield affiliates harmless from and against any and all actions, claims, damages, losses, expenses, costs (including legal fees and expenses) and other liabilities of whatever nature and howsoever arising (whether foreseeable or not) suffered, incurred or sustained by Rosefield or any Rosefield affiliates as a result of or in connection with the collaboration between the Influencer and Rosefield by any Rosefield affiliates infringing the rights (including Intellectual Property Rights) of any third party or otherwise being unlawful, including for the avoidance of doubt any claims, liability, penalties, damages, judgments, inquiries and expenses. Any damage of any affiliate of Rosefield will be deemed damage of Rosefield.
Without prejudice to the foregoing, Rosefield may defend itself against any action, claim or suit of the type referred to in the clause above brought against it at the Influencer’s expense. The Influencer must reimburse all costs of Rosefield of any reasonable settlement of Rosefield regarding such action, claim or suit, to be discussed by Rosefield with Influencer prior to such settlement.
- PERSONAL DATA AND PRIVACY
Each Party shall comply with the data protection and privacy legislation in force and applicable to the Campaign collaboration. The Influencer shall only process personal data under this collaboration or disclose such personal data in accordance with the instructions of Rosefield. Under no circumstances, the Influencer shall process personal data for its own purposes. Personal data means all personal data processed in the context of the Campaign collaboration and relating to an identified or identifiable natural persons.
APPLICABLE LAWS AND JURISDICTION
These Terms & Conditions are governed by the Dutch law.
All disputes between the parties will exclusively be submitted for judgement to the competent court in Amsterdam, the Netherlands.
You can download and print Rosefield’s Campaign Terms & Conditionshere.
Last update on 16th October 2019