The Plug is an ad network to help enable the purchase and sale of mobile advertisements (collectively, the “Services”). The Plug may offer additional services or revise any of the Services, at its discretion, and these terms and conditions (the “Agreement”) will apply to all additional services or revised Services. The Plug also reserves the right to cease offering any of the Services.
The Plug permits you to use The Plug App and The Plug Website(s) solely in accordance with this Agreement. The Plug retains ownership of The Plug App and The Plug Website(s) at all times.
This Agreement applies to the use of any updates or changes to The Plug App and The Plug Website(s) that we may issue from time to time.
The Plug may terminate the Licenses granted under this Agreement at any time in its absolute discretion with or without notice to you. If you breach any provision this Agreement such Licenses shall automatically terminate. Where any of the Licenses are terminated, you agree to immediately cease using and accessing The Plug Website(s) and The Plug App and to delete any copies of The Plug App held by you.
All intellectual property rights and other rights in or to The Plug App and The Plug Website(s), and any content of either, made available by or on behalf of The Plug and its licensors, belong to and remain at all times with The Plug and its licensors. Save as expressly set out in this Agreement, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to The Plug App or The Plug Website(s) or any contents of either. Furthermore, you agree not to attempt to reverse engineer any of our intellectual property for personal commercialization purposes or any other derivative works. Save as expressly permitted by us in this Agreement, you must not use the content on The Plug App or The Plug Website(s) (other than content that is submitted by you to The Plug App) for any commercial purpose without obtaining written permission from us to do so first.
The Plug App and The Plug Website(s) are licensed and not sold under this Agreement. The only rights granted to you in relation to The Plug App and The Plug Websites(s) under this Agreement are the Licenses described in this Agreement and no transfer of ownership or right to access or use any source code related to The Plug App or The Plug Website(s) is granted by us.
Permission to use your username, profile picture, social account information and information about your account and actions with advertisers, or in ads or sponsored content.
We welcome any feedback or suggestions for improvements relating to The Plug App, The Plug Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
In order to use The Plug App, you must create a user account (a “The Plug Account”). You are responsible for all uses of your The Plug Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account for your The Plug Account. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your The Plug Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your The Plug Account logs details of all The Plug generated by you and any transfers of The Plug to or from your The Plug Account. Please review your The Plug Account regularly. If you identify any erroneous transaction or unexpected activity on your The Plug Account, or you believe that the security of your The Plug Account has been compromised, you must let us know as soon as possible.
When using The Plug App on your mobile device, you acknowledge and agree that The Plug operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
“Plugcoins” are units of exchange that users of The Plug App may generate through verified app installations of other direct response marketing events. Plugcoins may be used to redeem products, services and other benefits via The Plug App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that The Plug may not be redeemed for cash from The Plug or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of app installation or direct response marketing events that must be attributed to users in order to generate Plugcoins using The Plug App (for example, and without limitation, we may alter from time to time the number of plugcoins awarded for a partner app installation).
We reserve the right and retain the absolute discretion to alter the value of plugcoins as they relate to any currencies around the world.
Plugcoins cannot be transferred, gifted, exchanged, or sold between users and each user agrees not to sell, transfer, or assist other users in selling or transferring virtual currency in any manner.
We may cap the maximum amount of Plugcoins that users of The Plug App may generate each day using The Plug App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose The Plug-denominated charges for the use of The Plug App or to enable specific functionality of The Plug App. Where we do this we will be entitled to deduct the applicable number of The Plug from your The Plug Account required to meet the applicable The Plug-denominated charges and we may retain and use The Plug that we deduct for our own benefit.
We reserve the right to impose charges in relation to the use of The Plug App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via The Plug App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The Plug App may allow you to send Plugcoins to third party users of The Plug App. Please ensure that you have verified the identity of the recipient of the relevant The Plug before sending them. We may make available functionality enabling the donation of The Plug to charity.
The Plug App allows various cashout methods to fiat currency. You accept that if you are under 18 years of age, you will not cashout to a Paypal account and The Plug reserves the right to remove cashout methods (including but not limited to Paypal) if you are under 18 years old and at our sole and absolute discretion.
The Plug may withhold paying out plugcoins for any reason, including poor user quality, or any inclination that a user is not following our guidelines. If a large amount of plugcoins is earned on a small page, we reserve the right to withhold payment and shut down your account if necessary.
You agree you shall not:
If we discover any breach of this Section Agreement by you, we may immediately suspend or terminate your access to The Plug App and remove and delete any content from The Plug App or The Plug Website(s) violating this Agreement.
We reserve the right to terminate a Plug account for any reason whatsoever at our sole discretion. Any earned but non cashed out Plugcoins will be forfeited if your account is terminated.
You agree to indemnify, defend and hold harmless The Plug, any affiliate working with The Plug (including but not limited to, MLB Advanced Media, L.P and its affiliates) its officers, managers, directors and employees, for any claims, demands, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Site or Services (b) your violation of any term of this Agreement, including your representations and warranties and your obligations in the Attachments to this Agreement (c) your violation of any right of a third party, or (d) your violation of any applicable laws, rules or regulations. The Plug reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Plug in asserting any available defenses.
You agree that California law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of, from, or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco County, California. You acknowledge and agree that any violation of this Agreement may cause The Plug irreparable harm, and therefore agree that The Plug will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that The Plug may have for a breach of this Agreement.
The Plug reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to The Plug App and/or The Plug Website(s), and/or (ii) alter the functionality or contents of The Plug App and/or The Plug Website(s) with or without notice to you.
We may issue updates to The Plug App from time to time. Depending upon the nature of the update, you may not be able to continue to use The Plug App until you have downloaded the latest version of The Plug App.
In relation to any matters concerning The Plug App and The Plug Website(s), including any feedback, questions, complaints or claims, please contact us by email to email@example.com
The Plug App and The Plug Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of The Plug App, The Plug Website(s) or the contents of any of them. The Plug does not warrant or undertake that use and availability of The Plug App and The Plug Website(s) will be uninterrupted or error-free.
For your convenience The Plug may include in The Plug App or The Plug Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that The Plug has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The Plug App and The Plug Website(s) may include content submitted by other users of The Plug App and The Plug Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
From time to time we may make available additional terms or guidance in relation to the usage of The Plug App or The Plug Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use The Plug App or any The Plug Website(s).
The Plug App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Plugcoins (such functionality being the “The Plug Marketplace”).
Where you use The Plug Marketplace to offer or redeem goods, services or other benefits in exchange for Plugcoins, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of this Agreement in any way, transactions taking place on The Plug Marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on The Plug Marketplace (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on The Plug Marketplace.
To the extent that The Plug agrees to administer on your behalf via The Plug’s own account any offer of goods or services or other benefits in exchange for Plugcoins on The Plug Marketplace, The Plug shall be entitled to retain up to 100% of the Plugcoins received for its own benefit in its absolute discretion.
You agree that The Plug has no responsibility for any goods, services or other benefits offered by you or by any third party on The Plug Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of The Plug Marketplace. Our operation of The Plug Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
The Plug is entitled to alter the selection of goods services and other benefits on offer, and the number of Plugcoins required to redeem any such goods, services or other benefits offered, on The Plug Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Plugcoins required.
You represent and warrant to us that any goods, services or other benefits that you offer on The Plug Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated above in the section titled “Acceptable Use”), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Plugcoins in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on The Plug Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on The Plug Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via The Plug marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via The Plug Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programs that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
We welcome feedback on The Plug Marketplace participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached this Agreement or refused or failed to honor an offer of goods, services or any other benefit it has listed on The Plug marketplace that has been duly redeemed by another user using the requisite number of Plugcoins and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate Plugcoins between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of The Plug App by any user(s).
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on The Plug Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on The Plug marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using The Plug Marketplace.
As a form of marketplace curation The Plug may offer an option for the users to report an offer via The Plug app functionality and reserves a right after a review to delist the offer from The Plug Marketplace.
As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Agreement, and these are set out in Attachment 2 to this Agreement.
We may assign or transfer our rights and obligations under this Agreement to a third party. You are not entitled to assign or otherwise transfer this Agreement without our prior written consent. Any attempt to do so without our consent will be void.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the provisions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
PLEASE READ THIS POLICY CAREFULLY AS IT ADDRESSES YOUR LEGAL RESPONSIBILITIES FOR STATEMENTS YOU MAKE IN CONNECTION WITH YOUR ACTIVITIES THROUGH THE PLUG.
This policy applies to any and all advertising activity undertaken by you through or in connection with The Plug, including any endorsements, testimonials, or statements you make on behalf of brands participating in the Service (“Brands”). Your failure to abide by this Influencer Disclosure Policy may result in your immediate suspension from the Plug. We reserve the right to update this Influencer Disclosure Policy at any time effective immediately upon posting to our website.
You agree as follows:
PLEASE NOTE: The Federal Trade Commission may provide additional or changed guidance from time to time, and the disclosure requirements identified in this Influencer Disclosure Policy may be updated accordingly. It is your responsibility to understand disclosure obligations at all times. For further questions, you should consult your own attorney and/or see the Federal Trade Commission's FAQs found at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking.
Without limiting any of the foregoing, you agree to comply with the following minimum requirements for disclosure:
Content of your disclosure:
Your disclosure should make it clear that the mention or review is connected to compensation from the Brand by using language such as “this video is brought to you by” or “this post is sponsored by”. Casual references to the Brand or simply saying “thanks to [the Brand]” are not clear enough to convey the paid relationship. Your presentation of the disclosure should be at the same speed and general phrasing as the rest of the content of the video (e.g. do not bury or quickly speed through the disclosure).
Other social media posts:
Any social media postings sharing the video must also contain a disclosure adequate under the FTC guidelines. Appropriate Twitter, Instagram, and Facebook disclosures may include #ad or #sponsored but you are responsible for ensuring any disclosure text and the appearance of that text complies with current FTC guidelines.
FAILURE TO PROVIDE APPROPRIATE DISCLOSURES MAY RESULT IN LIABILITY AND FTC ENFORCEMENT ACTIONS AGAINST YOU.
You agree to immediately correct any deficient disclosure in a Post upon notice you by either The Plug or the applicable Brand. If such modifications are not possible, you agree that you will immediately remove the entire Post containing the deficient disclosure.
Without limitation to any of your responsibilities in the Agreement, you agree to indemnify, defend, and hold The Plug and any applicable Brand harmless from any against any third party claims, actions, judgments, fines, or actions arising from or related to your failure to comply with this Influencer Disclosure Policy.