1. TERMS AND CONDITIONS

1.1 betterhype.com is an influencer and content creator marketing platform that operates in line with the UN global compact 10 principles and the platform is based on the United Nations’ 17 Sustainable Development Goals (hereinafter the “UN’s SDG”). Influencers and content creators associated with this platform are therefore required to incorporate the UN’s SDG into their work and campaigns.

1.2 These terms and conditions (hereinafter the “Terms”) govern the Influencers and the content creators’ access to and use of applications, websites, content, products and services (the “Platform”) provided by betterhype.com.

1.3 The terms apply unless they are expressly deviated from or modified by other written agreements. betterhype.com reserves the right to unilaterally change the terms on an ongoing basis. The Influencers and content creators are therefore asked to stay updated on betterhype.com’s website.

1.4 By signing up for betterhype.com, the Influencers and content creators agree that they have entered into an agreement with betterhype.com and accept the following terms and conditions.

2. The relationship between the Influencer and content creator and betterhype.com

2.1 The Influencers and content creators have to be 18 years old or above to be part of betterhype.com.

2.2 The Influencers and content creators acknowledge that the relationship with betterhype.com is that of an independent contractor. There is no employment relationship between the Influencers, content creators and betterhype.com.

3. Registration

3.1 When the Influencers and content creators sign up with betterhype.com, data is collected through the associated accounts (Instagram, YouTube, blog via API) set up with the account.

3.2 Additionally, the Influencers and content creators’ need to enter the following data when creating a profile:

• Name,
• Profile Picture (automatically fetched),
• Profile Description,
• E-mail,
• Address,
• Phone Number,
• Country,
• Gender,
• Birthday,
• Prioritized SDG, and
• SDG in the bio text.

3.3 It is the responsibility of the Influencers and content creators to ensure that the contact information is kept up to date.

3.4 Upon creating a profile on betterhype.com, Influencers and content creators simultaneously agree that as users, they will receive emails from betterhype.com. These emails may contain relevant information regarding betterhype.com, its products, news, campaigns and services. These messages are designed to ensure that Influencers and content creators, as users, always have the latest information about the platform.

3.5 Influencers and content creators have the option to unsubscribe from the emails by using the link provided at the bottom of the received emails.

4. Compensation

4.1 The Influencers and content creators are paid upon completion of approved work. The payment to the Influencers and content creators is conditional on the Influencers and content creators’ complying fully with the campaign brief.

4.2 The Influencers must always receive payment for their work. This means that payment cannot be provided in the form of gifts etc. Fees agreed upon with the Company are solely a negotiation between the Influencer and content creator and the Company unless betterhype.com has been hired by one of the parties as an advisor. The minimum payment for an influencer or content creator is 500 danish crones.

4.3 It is the Influencer’s and content creator’s responsibility to defray any tax required by national legislation in the Influencer’s and content creator’s country of residence. This is unrelated to betterhype.com and the Company.

5. Obligations of the Influencer and content creator

5.1 Obligations to betterhype.com

5.1.1 The Influencers and content creators must select the SDG they would like to work with and make this information visible on their social media profiles. The Influencers and content creators must actively work or plan to work on the selected SDG within a short period (3 months).

5.1.2 It is a condition that Influencers and content creators only select the SDG that they have knowledge about or intend to educate themselves about after creating a profile on betterhype.com platform.

5.1.3 The Influencers and content creators must ensure that their profile is always linked to the social channels they use in their work with the SDG on betterhype.com. This requires Influencers and content creators to regularly activate their profile. Platforms like Instagram and YouTube require this to happen multiple times a year.

5.1.4 Influencers and content creators who do not meet betterhype.com’s standards in their work with UN’s SDG may be temporarily or permanently excluded from betterhype.com. In the event of potential termination, the following steps will occur:

• The Influencer’s and content creator’s profile is temporarily removed
• betterhype.com analyzes and assesses the issue
• betterhype.com engages in a dialogue with the Influencers and content creators if necessary
• The Influencer’s and content creator’s profile is either removed or reactivated based on an evaluation

5.1.5 The Influencer and content creator gives consent for betterhype.com to contact the Influencer and content creator directly on betterhype.com’s platform or by e-mail and telephone for the purpose of: collaborations, invitations, betterhype.com Academy, offers or anything else that is considered relevant to the Influencer and content creator.

5.1.6 The Influencer and content creator must ensure that the post is visible on the Influencer’s and content creator’s social media profile for the duration specified in the agreement between the Influencer and content creator and the Company.

5.1.7 The Influencer and content creator is required to have their social media profile open (a public profile). The Influencer’s and content creator’s profile must therefore not be private.

5.1.8 The Influencers and content creators should be mindful not to contribute to any form of greenwashing and/or SDG washing. In cases where Influencers and content creators are unsure about greenwashing and/or SDG washing, they are welcome to reach out to betterhype.com, read in the national consumer ombudsman’s guidelines and in the EU Green Claims Directive.

5.2 Obligations towards the company

5.2.1 The Influencer and content creator acknowledges and agrees that the relationship between the Influencer and content creator and the Company is an independent contractor, and that there is no employment relationship between the Influencer and content creator and the Company.

5.2.2 The Influencer and content creator accepts that they will comply with the overall requirements and fulfill their part of the agreement with the Company regarding the campaigns. Therefore, it is important that, prior to joining the campaign/team, the Influencer and content creator familiarize themselves with the framework imposed on them by the Company in question that the Influencer and content creator are to present, as well as comply with the obligations below.
If guidelines are not followed, e.g. including but not limited to:

• post on time
• use the right tags as well as hashtags
• comply with brand guidelines
• get content approved by the Company
• secure wording is not in conflict with marketing law and guidelines from the national consumer ombudsman
• etc.

the Company has the right to file a complaint with betterhype.com, which can then stop the payment to the Influencer or content creator.

5.3 Campaign obligations

5.3.1 The Influencers and content creators may upload their content (images, video and captions) on the betterhype.com platform based on the brief and inspirational images described in the campaign. The content is only approved by the Company. If betterhype.com acts as an advisor, betterhype.com may also approve the content. Regardless of betterhype.com not acting as an advisor, betterhype.com reserves the right to approve and delete materials related to the campaigns, including the content from the Influencers and the content creators.

5.3.2 betterhype.com reserves the right to reject Influencer’s and content creator’s participation in a given campaign without giving any justification for such rejection.

5.3.3 By uploading content to the campaign, the Influencers are obliged to meet any of the guidelines set in the campaign brief.

5.3.4 If the content is approved, the Influencers and content creators are obliged to publish the content including the approved caption and tags on the social media specified in the campaign brief.

5.3.5 The Influencers and content creators are obliged not to remove the content for a 3-months period after publishing unless Influencers and content creators have agreed to a different period at the time of the agreement with the Company.

5.3.6 It is important that the Influencers and content creators are aware that there is a prohibition against hidden advertising. Therefore, the Influencer and content creator must clearly state on the content that it is an advertisement.

5.3.7 It is the responsibility of the Influencer and content creator to ensure that the content comply with legislation, including the Marketing Act. According to Section 6 of the Marketing Act, subsection 4 Denmark, the trader must clearly state the commercial intention with any form of commercial practice, including advertising.

5.3.8 The beginning of the text must therefore clearly be marked with one of the following texts (in Denmark):

• “Reklame”
• “Annonce”

5.3.9 The Danish Consumer Ombudsman has provided the following guidelines that comply with the Marketing Practices Act’s prohibition against hidden advertising, which betterhype.com requires Influencers and content creators to adhere to:

• They must use the word “reklame” or “annonce” on the image or at the beginning of a text containing advertising. Simply writing “in collaboration with”, tagging the Company, or using hashtags like “spons” and “ad” is not sufficient.
• They should use the word “reklame” or “annonce” in the presentation of videos containing advertising, preferably in the headline. 
• If a video is published in a place where it cannot be presented in advance (e.g. Instagram-stories), they should inform at the beginning of the video that it is an advertisement. 
• They should use the term “reklamelink” or “annoncelink” above or directly adjacent to advertising links. 
• If a Company sends the Influencers and content creators products for the first time and they have not entered into an agreement with the Company, they should write “I received the product as a gift/free”. 
• They should use “reklame” or “annonce” if a Company has sent them products multiple times, which they have mentioned. 
• If the Influencers and content creators are addressing children and young people, they should make it extra clear that it is advertising. 

5.3.10 Before entering into each campaign, the sample campaign brief must be read through, and it is thus accepted when registering for the campaign.

5.3.11 The Influencer and content creator acknowledges that violation of this section may result in third party claims and the Influencer and content creator warrants to indemnify betterhype.com in this regard.

5.4 Use of commercial music

5.4.1 It is the responsibility of the Influencer and content creator to ensure that they have the rights to use music and other elements in their content. The Influencer and content creator will only use music that is available for commercial use, unless otherwise mutually agreed with the Company.

5.4.2 The Influencer and content creator acknowledges that violation of this section may result in third party claims, and the Influencer and content creator warrants to indemnify betterhype.com in this regard.

6. Intellectual Property Rights

6.1 The Influencer and content creator grants betterhype.com the right to use the Influencer’s and content creator’s social media content, as well as other material that may be generated according to this Agreement. betterhype.com can and may use it for advertising and promotional purposes in marketing material, including but not limited to use in magazines, websites, newsletters, and social media such as Facebook, Instagram and LinkedIn. This usage right is not subject to any geographical restrictions and is valid for an indefinite period of time.

7. Confidentiality

7.1 The Influencer and content creator may not disclose, use or take advantage of any confidential information, which the Influencer and content creator may have obtained during the cooperation with betterhype.com and the Company.

7.2 Violation of the obligations in this paragraph shall be considered a fundamental breach of contract, and the Influencer and content creator may be held liable for damages caused thereby.

8. Disclaimer

8.1 betterhype.com cannot in any way be involved as a party in any disputes related to facilitated tasks/jobs between the Influencer and content creator and the Company when the Influencer and content creator and the Company use betterhype.com as technology in their collaboration and for compensation.

8.2 The Influencers and content creators are obliged to report any content that is in violation with betterhype.com guidelines, and if they encounter jobs that they do not perceive as credible in terms of the UN’s SDG.

8.3 betterhype.com is not liable for failure or delay in fulfilling a benefit or other derivative claims due to force majeure or other circumstances beyond the control of betterhype.com.

8.4 betterhype.com is not liable for indirect losses, consequential damages, operational damages, loss of profit, loss of data, claims from third parties, or other financial loss as a result of the service not being able to be used as expected.

9. betterhype.com Academy

9.1 betterhype.com Academy is an educational platform where Influencers and content creators have the opportunity to educate themselves about the UN’s SDG.

9.2 The Academy will include educational content related to for instance:

9.3 Good communication in relation to the 17 UN’s SDG. Furthermore, the Academy will include online and offline events with educational focus.

9.4 The curriculum provides in-depth knowledge and understanding of each of the 17 SDG’s enabling Influencers and content creators to become advocates for sustainable practices.

9.5 The Academy equips Influencers and content creators with the tools and knowledge to integrate sustainable practices into their professional endeavors. From promoting gender equality and reducing inequalities to fostering climate action and responsible consumption, the courses also provide best practices for Influencers and content creators to effectively promote sustainable initiatives.

9.6 Influencers and content creators can be required to take an assessment so that betterhype.com and the Company’s can evaluate whether the Influencer and content creator is a suitable fit for the specific campaign.

10. Termination of agreement and campaigns

10.1 The Influencer’s and content creator’s and betterhype.com can both terminate the collaboration with immediate effect. If the Influencer and content creator is currently collaborating with a Company, the Influencer and content creator is obliged to complete this collaboration before the Influencer and content creator can terminate the collaboration with betterhype.com.

10.2 The termination must take place by written or digital announcement directly to betterhype.com.

11. Data

11.1 betterhype.com processes personal data about Influencers and content creators in accordance with applicable data protection legislation and betterhype.com’s privacy policy, which is available on betterhype.com’s website.

12. Law and venue

12.1 Any dispute between betterhype.com and the Influencers and content creators, which cannot be resolved amicably, is settled by the application of Danish law, and otherwise by the Danish ordinary courts. However, the aforementioned choice of law does not include Danish law’s rules of international private law.