Last update: Jan 16, 2025.
By clicking the checkbox during the checkout process and submitting payment, you acknowledge and agree to these terms of service and understand that the specifics of your agreement, including term duration, compensation, and deliverables, are according to your selections on the platform or the payment details provided to you.
These terms govern your use of Mustard's services, including the connection of your brand with local influencers for promotional collaborations.
Platform Services:
Mustard provides a platform where Brands can create Collaborations specifying the type of influencers they desire to promote their business. Influencers can apply to these Collaborations, and the Brand admin can select the preferred influencers from the applicants.
Collaborations:
A Collaboration is an ongoing offering that the Brand puts out for influencers. Collaborations are monthly campaigns with an established number of slots set by the Brand. The number of available slots is defined by the Brand, and influencers apply to Collaborate while the slots are available.
Deliverables:
Mustard will facilitate the connection between Brands and influencers, enabling the creation and posting of promotional content on platforms such as Instagram and TikTok according to the agreed terms outlined in the Collaboration details on the platform. The Services shall conform to the specifications and instructions of the Brand as outlined in detail in the Collaboration details.
Content Format:
This Agreement provides for content created by Influencers in the format specified in the Collaboration details, which may include Instagram Reels, Instagram Stories, and/or TikTok Posts about the Brand.
Confidentiality:
During the course of using the Mustard platform, the Brand and Influencers may receive, have access to, and create documents, records, and information of a confidential and proprietary nature. All such information is an asset of the Brand or its clients and must be kept strictly confidential and used only for the purposes of the Collaboration.
Work Product Ownership and Intellectual Property:
Influencers own all worldwide rights, title, and interest in and to all content they create, including all Intellectual Property Rights therein. Brands may use the content as agreed upon in the Collaboration terms.
Re-marketing Rights:
Some Influencers may agree to sell their content for re-marketing purposes. The Brand can purchase these rights through the platform at an additional fee specified by the Influencers.
Exclusive Rights:
The Brand will not have exclusive rights to any content created as a result of this Agreement unless otherwise specified.
Terms of Payment:
SAAS Platform:
Mustard provides access to its platform as a Software as a Service (SAAS). The Brand agrees to pay for the term of the contract.
Initial Term:
The Initial Term of this Agreement shall be for a period explicitly specified during the checkout. The Brand agrees that this Agreement is non-cancellable and may not be terminated or paused by the Brand for the duration of the specified term, even if payments are made on a monthly basis.
Credit Allocation:
Credits are included with the purchase of your subscription. Credits are allocated at the beginning of each subscription payment period based on your payment frequency (e.g., monthly, quarterly, or annually).
Credit Usage:
Each credit allows you to book one influencer.
Credit Tiers:
- Basic Influencers: Influencers with 2,000–10,000 followers.
- Premium Influencers: Influencers with 10,000–100,000 followers.
Credit Rollover:
Unused premium credits roll over to the next payment period as long as you maintain an active subscription. To use any rolled-over credits, your subscription must remain active.
Automatic Renewal:
Upon the expiration of the Initial Term, this Agreement shall automatically renew for successive terms equal to the Initial Term unless the Brand provides written notice of termination either through the Brand's account settings or by emailing sales@mustard.love at least thirty (30) days prior to the renewal date.
Monthly Installments:
While the payment obligation is for the full term, the Brand may pay the fees in monthly installments. The option to pay in installments does not alter the non-cancellable nature of the Agreement for the duration of the term.
Notice Period:
Any notice of termination must be provided in writing, either through the Brand's account settings or by email to sales@mustard.love, at least thirty (30) days prior to the desired termination date.
Early Termination Fees:
If the Brand terminates this Agreement before the end of the term, an early termination fee equal to the remaining fees for the term will apply.
Effect of Termination:
The Brand is obligated to pay for all services rendered up to the termination date. In cases of early cancellation, the remaining balance of the Initial Term commitment becomes immediately due.
Influencer Collaboration Scheduling:
Influencer collaboration visits will be scheduled based on influencer availability. We cannot guarantee one influencer per week.
Compliance with FTC Guidelines:
To ensure transparency and authenticity in all promotional activities, Mustard adheres to the following Federal Trade Commission (FTC) regulations and guidelines:
- Truthful Representation: Influencers engaged through our platform must provide honest and genuine opinions based on their actual experiences with the products or services they promote.
- Prohibition of Fake or False Testimonials: Influencers and brands are strictly prohibited from creating or disseminating reviews or testimonials that misrepresent the identity or experiences of the reviewer.
- Disclosure of Commercial Relationships: Any relationships between influencers and brands (e.g., employment, family ties, or financial interests) will be disclosed and the tag "Sponsored By Brand" for paid Collaborations will be added to ensure consumers are not misled.
- Prohibition of Review Suppression: Brands are prohibited from engaging in practices that suppress or manipulate reviews, such as removing negative feedback or presenting only positive reviews.
-No Fake Social Influence: The purchase, sale, or use of fake followers, likes, views, or other metrics to falsely enhance the popularity or approval of products or influencers is strictly prohibited.
By participating in the Mustard platform, all users agree to comply with these regulations and guidelines. Any violation may result in immediate termination of access to our services and, where applicable, legal action.
Amendment Clause:
Any changes to the Terms of Payment must be agreed upon in writing by both Parties.
Survival of Obligations:
The obligations of the Parties under this Agreement, which by their nature would continue beyond the termination or expiration of this Agreement, including but not limited to confidentiality and payment obligations, shall survive any termination or expiration of this Agreement.
Force Majeure:
In no event shall the parties be responsible or liable for any failure or delay in performance of its obligations arising out of or caused by forces beyond its control, including (but not limited to) accidents, acts of war or terrorism, natural catastrophes, pandemics, or acts of God.
Independent Contractor:
Mustard is retained as an independent contractor of the Brand. Mustard is solely responsible for the manner and form by which services are performed and is responsible for all taxes and assessments arising out of the performance of services.
Choice of Law:
This Agreement shall be construed and enforced pursuant to the laws of the State of California, USA.
