Welcome to intellifluence.com. The intellifluence.com website (the “Site”) is comprised of various web pages operated by Intellifluence LLC (“Intellifluence”). intellifluence.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of intellifluence.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
“Influencer” means an individual who has successfully registered for a free Influencer account on intellifluence.com.
“Talent Agency” or “Talent Manager” means an individual, group or agency that has successfully registered for a free Talent Agency account on intellifluence.com.
“Brand” means an individual or business that has successfully signed up to use the Intellifluence for Brands subscription service and is in a paid plan.
“Flag” means the process to be followed by Brands and Influencers when there are issues within a transaction and either party (or both parties) has alerted Intellifluence with the intention of resolving any issues.
“Payment” or “Payments” means a payment or prepayment has been made by a Brand to correspond with a service completed by an Influencer, per the terms of the agreement as laid out by the brand in the campaign, pitch and/or transaction and will be released in accordance with the Payments section outlined below.
“Marketplace Offer” refers to an offer made by a Brand to specific Influencers within the Intellifluence Marketplace that meet the criteria as established by the Brand.
“Pitch” refers to a custom, private offer made by a Brand to specific Influencers.
“Campaign” refers to the organizational structure of offers, including descriptions, created by Brands to organize all corresponding transactions with Influencers.
“Transaction” refers to a collaboration between a Brand and an Influencer within a Campaign that includes the entire transaction flow and is considered completed once a Brand marks transaction as completed and a 15-day trial period has passed.
“Adults Only (21+)” and “Adult Offers” refer to offers visible to influencers over the age of 21 that have not opted out of receiving and participating in adults-only offers, pitches and campaigns. Intellifluence does not guarantee accuracy or reliability of the information provided by Influencers, Talent Agencies or Talent Managers and/or Brands.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You must not use false or misleading information (including someone else’s information and/or likeness) within your profile details. You acknowledge that Intellifluence is not responsible for third party access to your account that results from theft or misappropriation of your account. Each user (Brand, Influencer, Talent Manager, etc) is entitled to create a single Intellifluence account. We reserve the right to deactivate or delete duplicate accounts representing an individual.
Transactions within Campaigns
Brands, Influencers and Talent Agencies are required to adhere to the terms of the agreement specified within each transaction. This includes providing clear, concise communication in a timely manner to ensure both parties understand the progress of each transaction, up until the completion of the transaction. Influencers that do not complete the required work according to the pitch that has been accepted are subject to permanent removal from the Intellifluence network, at our sole discretion. Intellifluence is a service that enables brands and influencers to collaborate. Intellifluence will not be held liable for incomplete transactions, including loss of product value. If an influencer fails to complete required work within the timeline included in the accepted pitch, Intellifluence will provide available pertinent details to the offended party upon request to promote a resolution.
Brands, Influencers and Talent Agencies are expected to complete transactions using the Intellifluence transaction flow (within the platform) which includes pitch(es), acceptance of pitch(es) and use of the messaging feature. Intellifluence is unable to provide support for transactions that occur off-platform or when user(s) utilize third party messaging services (such as Facebook Messenger, etc.) to facilitate the transaction. Any attempt to circumvent the Intellifluence platform may result in removal from the Intellifluence Platform at the sole discretion of Intellifluence.
Intellifluence reserves the right to suspend, refuse or cancel services if Intellifluence believes (in its sole discretion) that a Brand, Influencer or Talent Agency is not using the Intellifluence platform in a fair and reasonable way, or consistent with the purposes for which Intellifluence was intended.
Intellifluence and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion if the terms of pitches, transactions, campaigns, Marketplace offers or the terms outlined within this Terms of Service section are not met or either party engages in (or is suspected of engaging in) a fraudulent, misleading or detrimental manner, or we deem created content to be objectionable for any reason. Any earnings, fees or credits acquired in a fraudulent or manipulative manner, or within situations that lead to user removal, are subject to forfeiture in the sole discretion of Intellifluence.
As a condition of your use of the Site: all social media posts (or any content pertaining to Intellifluence campaigns), Marketplace Offers and/or pitches made must adhere to all applicable laws in the jurisdiction of all three partners: Brand, Influencer and Intellifluence. By participating in transactions involving alcoholic beverages and products, you swear and affirm and represent to us that you are over the legal age required to purchase alcoholic beverages in your jurisdiction and we will rely on the information you provide to us because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We prohibit transactions involving drugs (legal or illegal), controlled substances and drug paraphernalia. All pitches by brands must include the product (or product options) offered listed within the pitch details.
Intellifluence does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use intellifluence.com only with permission of a parent or guardian.
We are committed to protecting our influencers and brands on Intellifluence from technical abuse and spam. Any accounts engaging in abusive behavior or spamming the system may be temporarily limited or subject to permanent termination.
Joining Intellifluence for the purposes of soliciting influencers for a competing product, network, platform, etc. is strictly prohibited and is subject to account deactivation at the discretion of Intellifluence.
All Intellifluence Users agree to adhere to the current Federal Trade Commission Guides Concerning the Use of Testimonials and Endorsements in Advertising (FTC Guides) at all times.
Brands are entitled to share unaltered Influencer-provided content (including reviews, endorsements and accompanying media) on third-party (and proprietary) platforms upon completion of transaction.
Users that have questions or concerns about billing should contact Intellifluence Customer Service. Intellifluence reserves the right to remove any user from the system that initiates a chargeback.
In order to accurately display your social media reach, Intellifluence uses OAuth to validate certain social media accounts when you sign up or add a new social profile.
OAuth allows Intellifluence to verify that you’re a real influencer as well as display your public social profile and audience reach so brands can see your public profile while your password is kept private.
Keep in mind we never have permission to post on your behalf or do anything else other than verify that you’re real, display your public social media profile(s) on your Intellifluence profile and calculate your total reach (so brands understand the value you offer).
In joining and using Intellifluence, you agree to only add your own personal social media accounts, blogs and websites to your profile (or accounts where you have express permission to manage as a Talent Manager). Misrepresenting yourself and/or your identity or social media profile is subject to removal.
The Intellifluence network is limited to Influencers who have grown their audience organically and we reserve the right to terminate Influencer accounts that misrepresent their audience size or engagement. Intellifluence is not responsible for the conduct (online or offline) of any Intellifluence user (Influencer, Brand, Talent Manager) and you hereby release Intellifluence from any liability related thereto. Intellifluence will not be held liable for any claim, injury, or damage arising in connection with your use of Intellifluence. All work completed by Influencers is expected to remain on the respective platform(s) listed in the pitch/offer for a reasonable time period (or what is specified in the required work section of the pitch and/or offer).
By joining Intellifluence as an Influencer, you consent to Intellifluence using your likeness and/or content produced in conjunction with influencer campaigns on intellifluence.com for promotional purposes including the representation of our network.
Each individual Influencer is entitled to create a single Influencer account. We reserve the right to deactivate or delete duplicate accounts.
As an influencer, you agree that you are solely responsible for creating and publishing content that pertains to the required work of any transaction(s) you are involved in. Intellifluence simply provides a service which enables Brands to approve posts.
Intellifluence restricts the display of nudity or graphic sexual activity as some in our community may be sensitive to this type of content. We also restrict hate speech (which we specifically define as an attack on people based on race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, and serious disability or disease) and threats of violence or harm.
All Users are expected to act in a civil manner and refrain from abusive or threatening behavior. We reserve the right to remove any content from User accounts that falls under (but is not limited to) this description. Repeat offenders may be removed from the system. All products and services offered by brands retain their trademark, copyright and/or intellectual property and Influencers and/or Talent Managers are expected to adhere to trademark, copyright and/or intellectual property laws. Influencers and Talent Managers may not re-purpose products and/or services provided by brands as their own design or face removal from the Intellifluence community.
All work completed by Influencers and content provided by brands must be original (unless specific arrangements are made and no copyrights, trademarks, etc. are violated). We do not tolerate plagiarism/intellectual property violations and offenders will be warned and/or subject to immediate removal from our community, depending on severity/frequency.
Unless otherwise specified or agreed upon, all published influencer work must be visible to the public, indexable and accessible by search engine crawlers and social networks. Once work is approved, it must not be modified or removed unless there is a mutual agreement between brand and influencer.
All offers and pitches by Brands must adhere to all applicable laws in the appropriate jurisdiction, as well as any country targeted within the campaign(s). All offers and pitches are expected to adhere to a singular, specific campaign goal with required work and compensation clearly stated. We reserve the right to cancel campaigns that do not adhere to these community standards and suspend or terminate Brand accounts that repeatedly defy these community standards.
The Service is controlled, operated and administered by Intellifluence from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Intellifluence Content accessed through intellifluence.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The materials on intellifluence.com are provided “as is”. Intellifluence makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Intellifluence does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Intellifluence or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on intellifluence.com, even if Intellifluence or a Intellifluence authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on intellifluence.com could include technical, typographical, or photographic errors. Intellifluence does not warrant that any of the materials on its web site are accurate, complete, or current. Intellifluence may make changes to the materials contained on its web site at any time without notice. Intellifluence does not, however, make any commitment to update the materials.
Intellifluence has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Intellifluence of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to intellifluence.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
Billing for Brands
Intellifluence for Influencers is a free service. Intellifluence for Brands is a subscription-based service. Your subscription to your Plan starts upon effective reception of your first payment. Your subscription is then automatically renewed, unless you decide to terminate it and close your account (using the link provided in your user interface).
The subscription rates for Brands are posted on intellifluence.com: please see the Pricing Page for the rates in force for the current month. Prices are quoted in US dollars and exclude VAT and/or any other applicable sales taxes, which are also payable if applicable. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, plus all related taxes. All payment obligations are non-cancellable and all monthly subscriptions paid are non-refundable, including monthly and used months of annual subscriptions on accounts that are locked due to Terms of Service violations. Annual subscriptions are refundable excluding any part used months, free months, and minus transaction fees charged to Intellifluence by payment processing partner(s).
Intellifluence reserves the right to modify the fees and charges for using the its Services and to introduce new charges for it upon 30 days prior notice. Such notice may be provided at any time by posting the changes to the Intellifluence website or by email to the account holder.
Subscription, Compensation and Payments
Subscription payments, SallyBot credit values, pitches and influencer compensation values are represented in US Dollars (USD), unless otherwise noted.
Each offer and pitch made by a brand must include reasonable compensation based on the work required. Brands running product(s) and/or service(s) campaigns are required to provide full compensation to the influencer for any required purchase, including the full amount spent on shipping & handling and applicable taxes or other related fees upon marking the transaction with the influencer as complete. Failure to fully compensate may result in account termination.
Intellifluence does not operate an escrow service. Instead, we provide a service which enables payments to be made with respect to a service provided, which we call Intellifluence Payments. All transactions including financial compensation within Intellifluence must utilize the Payments service. Off-platform financial compensation related to transactions within Intellifluence are prohibited.
Subject to the terms of the campaign (and/or transaction), Brands are able to make a Payment, which will be stored in the brand’s account and cannot be claimed by the Influencer until the following conditions are met:
1. The Brand and Influencer both agree that the funds can be received by the Influencer;
2. The Brand acknowledges that all required work has been completed by the Influencer in a satisfactory manner;
3. The Brand instructs us to pay an Influencer for the services provided pertaining to a campaign (or transaction);
4. If any dispute has taken place, a satisfactory outcome has taken place in the Influencer’s favor.
If either party elects to dispute aspects of the transaction, they may flag the transaction (see below for more details).
Intellifluence reserves the right to impose a minimum transaction amount for each transaction (detailed in our Payments information). This minimum transaction amount is subject to change.
We reserve the right to collect funds owed to us using legal means.
In using Intellifluence Payments, you acknowledge:
1. Intellifluence is not a bank or licensed financial institution and we do not provide such financial or banking services;
2. We are not acting as a trustee or fiduciary in terms of funds or payments;
3. The amount of funds displayed in your account is not insured and is not a guaranteed deposit.
Intellifluence Payments utilizes Paypal for transferring funds. PayPal is a service that enables businesses and individuals to send money without sharing sensitive financial information. Depending on PayPal’s specific payout method, payment may be instantaneous or in the form of an eCheck, which requires a clearing time instituted by PayPal (Intellifluence Payments payout occurs each Friday, following the 15 day waiting period after the transaction is marked complete by the brand). Influencer payouts are subject to a minimum eligible balance that must be met before funds are paid out.
Payments that are initiated with a credit card must be reported on Form 1099-K* by the payment settlement entity under section 6050W and are not subject to reporting on Form 1099-MISC.
In other words, if you receive payment from other companies via PayPal, they should not be sending you a 1099-misc, and your income should not be reported twice.
For more information on how PayPal handles tax reporting as well as some answers to frequently asked questions, click here.
Brands may request and receive a refund of account balance, excluding promotional credits, uncommitted to existing transactions, minus transaction fees charged to Intellifluence by payment processing partner(s).
Once a Payments transaction is initiated (the Payments-eligible pitch or offer from the Brand has been accepted by the Influencer), the Brand and Influencer involved in the transaction are required to complete the transaction per the terms of the agreement. Failure to comply will involve removal from the network and funds will be forfeited.
Once an Intellifluence Payments transaction has been initiated by the Brand and the Influencer, neither party is permitted to circumvent the mutually agreed upon terms of the Intellifluence Payments transaction. Failure to comply will involve removal from the network and funds will be forfeited.
Intellifluence Payments credits have no cash value and do not qualify for refunds. Intellifluence Payments credits expire upon termination of subscription or one (1) year from issue date, whichever occurs first.
If an Influencer does not approve of the product or service provided by the Brand, the Influencer may Flag the transaction in order to attempt to resolve the issue with assistance from Intellifluence Support. Similarly, if the Brand does not approve of the work completed by the Influencer, the Brand may Flag the transaction in order to attempt to resolve the issue with assistance from Intellifluence Support.
Changes To Terms
Intellifluence reserves the right, in its sole discretion, to change the Terms under which intellifluence.com is offered. The most current version of the Terms will supersede all previous versions. Intellifluence encourages you to periodically review the Terms to stay informed of our updates.
Intellifluence processes Personal Data both as a Processor and a Controller as defined in the Directive and GDPR.
Intellifluence may collect personally identifiable information, such as your name, e-mail address, mailing address, telephone number, credit card number (paid subscriptions to Intellifluence for Brands) and demographic information. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by Intellifluence. This information can include: your IP address, browser type, domain names, access times and referring website addresses.
Intellifluence utilizes an e-mail contacts import feature to assist in our refer-a-friend promotions. This e-mail contacts import feature exists solely for the convenience of our users and we do not save and/or store any contacts data or information once the user ends their session.
Intended use of Personal Data
Intellifluence for Brands and Intellifluence for Influencers requires registration. In these instances, we may require you to provide us with Personal Data. If you choose to withhold Personal Data requested by Intellifluence, it may not be possible for you to use the Intellifluence platform and for us to respond to your requests.
This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Intellifluence website. Intellifluence encourages you to review the privacy statements of websites you choose to link to from Intellifluence so that you can understand how those websites collect, use and share your information. Intellifluence is not responsible for the privacy statements or other content on websites outside of the Intellifluence website.
Additionally, Intellifluence may use a User’s personal information for the following purposes:
1. To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
2. To personalize user experience. We may use personal information to understand how our Users use the services and resources provided on our Site.
3. To improve our Site. We may use feedback you provide to improve our products and services.
4. To run a promotion, contest, survey or other Site feature. To send Users information they agreed to receive about topics we think will be of interest to them.
5. To send periodic emails. We may use the email address to respond to their inquiries, questions, and/or other requests. If User joins our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Sharing Your Personal Information
Intellifluence may store Personal Data and share personally identifiable information with our partners and/or with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with Intellifluence) for further processing in accordance with the purpose(s) for which the data were originally collected. Our partners and third party affiliates may include (but may not be limited to):
Stripe (subscription payment and general payment processing for brands)
SendGrid (email delivery, support and marketing services)
Zendesk (customer support and Knowledge Base)
Copypress (content and link analytics)
Tooltip.io (Customer support and messaging chat service)
Any additional personally identifiable information you elect to provide (Public Marketplace communication, public campaigns, etc) will be available to others.
There may be instances when Intellifluence may disclose personal information without providing a User with a choice in order to protect the legal rights of Intellifluence, other affiliated companies or their employees, agents, and contractors; to protect the safety and security of other Users; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if Intellifluence sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, Intellifluence may transfer personal information to a third party as part of that transaction.
Access to Information
You have the right to request the information we have about you. In order to request this information, please contact us at [email protected]
In order to comply with your request for this information, we may ask you to verify your identity. We will provide the information we have about you electronically, unless you specify another delivery method.
If you believe the information we have about you is incorrect, please contact Intellifluence so we can update it and maintain accurate information. If you ever want us to delete information about you, please contact us at [email protected]
How We Protect Your Information
When you provide sensitive information (an example would be log in credentials) on https://intellifluence.com, we encrypt that information using secure socket layer technology (SSL). Intellifluence is committed to protecting your privacy and data but cannot guarantee or warrant the security of any information you provide or transmit to Intellifluence or guarantee that your information on Intellifluence may not be accessed by breach of any of our safeguards. No method of transmission over the Internet is 100% secure, so we cannot guarantee or warrant its absolute security. If you have any questions about the safeguards we have put in place to protect your personally identifiable information and/or your non-personally identifiable information, please contact us at [email protected]
The Intellifluence Site may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Intellifluence pages, or register with Intellifluence site or services, a cookie helps Intellifluence to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Intellifluence website, the information you previously provided can be retrieved, so you can easily use the Intellifluence features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Intellifluence services or websites you visit.
Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
International Privacy Laws
Intellifluence will occasionally update this Statement of Privacy to reflect company and customer feedback. Intellifluence encourages you to periodically review this Statement to be informed of how Intellifluence is protecting your information.
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