Terms and Conditions
Last updated and valid from: 06/07/2018
Welcome to Wicked Society. These membership terms and conditions constitute the agreement between Wicked Society/Wicked Media AB, incorporated in Sweden under corporate identity number 556901-2734 (”Wicked”, ”we”, ”our” or ”us”) and you (”you”, ”your” or ”member”, “The Member”). For more information about Wicked Society/Wicked Media AB, please visit Wicked Society’s website, www.wickedsociety.se.
If you do not accept this Agreement, you can unfortunately not become a Member or conduct any Promotions. If you do not accept the Instructions for a Promotion, you cannot participate in any such Promotion.
1. What is Wicked Society to you?
We have developed the Wicked Society to enable you, as a member, to use your Instagram and/or other social media to borrow and test products as well as earn money when participating in different Promotions. We call this “The Service”. As a member, we send you special invitations to different Promotions chosen by an Advertiser and implemented through selected platforms approved by us and through the Service. An “Advertiser” is the company behind a Promotion and a “Promotion” is the message an Advertiser wants to communicate through the Service and through selected social media with your involvement. You participate in Promotions by following the Instructions.
2. Your registration as Member
a) A “member” is a private individual or company that has received an invitation from us and/or has registered to our database through the website for use of the Service. If you are a private individual and under the age of 18, you must obtain permission from your guardian to become a Member. If your guardian wants to contact us, please e-mail us at Hello@wickedsociety.se.
b) When you register as a Member you must provide true, complete and current information about yourself. If we have reasonable grounds to believe you have provided false, incomplete or outdated information, we are entitled to deny you membership in Wicked Society.
c) These security measures are important to us and we therefore do not take any responsibility for any damage, loss or problem caused by your failure to comply with them.
3. Your compensation of Promotions
a) We inform you about the instructions and the compensation you will receive if participating in the Promotion via e-mail, phone, the Service or via other media prior to each Promotion.
b) You must conduct the promotion according to this agreement and the instructions.
c) Any financial compensation is paid monthly in arrears, but no later than the 25th of the month following the completion of a promotion.
d) We can only pay out compensation if you have provided us the correct information. If you are a private individual, we will pay compensation to your personal account. If you are under the age of 18, we can alternatively pay compensation into your guardian’s bank account (if such has been provided to us on the Website, via e-mail or phone. According to instructions from your guardian).
e) If you are not registered for Swedish F-tax, then we will withhold money for tax and social benefit charges from the compensation paid to you. In cases where no financial compensation is relevant, you have the responsibility to pay any potential taxes and charges yourself. Products provided as part of a promotion are intended to be used to conduct the promotion only, and not intended for personal use.
a) You own the rights to your Promotion material. By participating in a Promotion with your Promotion material, and in return for the compensation you get, you give the Advertiser and Us a non-exclusive license to publish and use the same Promotion material on the Advertiser’s and our social media and potential promotion page, in presentations and for marketing purposes of the service. A communication will be initiated for any commercial use in addition to what is mentioned about, regarding financial compensation in exchanged for extended rights to the material.
b) It is critical that your Promotion Material is your own material. You may not use Promotion Material that you haven’t created yourself, or include material belonging to others, images or information about others without our or their approval.
d) What has now been agreed under a)-b) above is of such critical importance to us that you must take responsibility to compensate us and Advertisers for all claims from other creators, contributors and others associated with the Promotion Material if you fail to fulfil your guarantees and commitments. In this case, we may also terminate our collaboration and your membership according to section 7 b) below.
e) We own the rights to the Service, Website and all these systems, programs, methods, documents and similar. The Advertisers own the rights to the Promotions and to their name, logos and brands.
f) Your membership and your participation in Promotions entitles you to use the Service the way you need to be able to participate in Promotions according to the Instructions and the terms of this Agreement, as long as the Agreement between us is still in force. You have no other right to use the Service, Website, Promotions or parts thereof.
g) Members accept that Wicked sends e-mail messages, newsletters and SMS to members. All newsletters include news about the company and the latest promotions that may be of interest to Members. You can unsubscribe to newsletters by contacting us at firstname.lastname@example.org.
5. Our responsibility
(a) We will not monitor or censor Promotion Materials before they are published and therefore cannot take any responsibility for the content or creation of Promotion Materials, or its compatibility with the Instructions or this Agreement. At the same time, we reserve the right to receive promotion material prior to publication. However, you acknowledge that we may monitor Promotion Materials after it has been published and that we on our own may or can require you to immediately remove or block Promotion Materials (by e.g. removing hashtags) that we consider to be in violation of the Agreement, the Instructions, Swedish or international law or otherwise may be deemed to be offensive, unfair or inappropriate. We take no responsibility for any damage, loss or problem caused by you by not complying with this.
6. Your responsibility
a) You must use the Service, the Database and Promotion Materials in a responsible and prudent manner consistent with this Agreement, the Instructions and Swedish law.
b) You are solely responsible to ensure all of our instructions regarding your Promotion Materials that you post on your social media channels are followed in full and thus do not violate Swedish law or terms and conditions of the social media platforms. Promotion Materials may not contain, involve or include any of the following: Unlawful activity or call for crime; Accusation of other persons for crimes or other offenses; Hate speech or other opinions that may be perceived as abusive, discriminatory or diminishing against people based on, for example, ethnicity, sexual orientation, disability, etc; Violation, persecution, harassment, exploitation or threat to persons, companies or groups of persons/companies, obscenities or offensive material or otherwise conflicting with good manners and customs; Breach of confidentiality or integrity; or reputation regarding the Database, Website, Promotion, Wicked Society or Advertiser.
c) We will demand that you immediately remove Promotion Material (or its hashtag and description) that include e.g. elements of what is listed above under b).
d) You are solely responsible for ensuring your Promotion Materials follow our instructions in full. You are solely responsible for any and all consequences resulting from non-compliance with these instructions. We do not back or support any opinion, recommendation, or advice made in connection with the publication of promotion materials and therefore cannot be held responsible for such part of your promotion material, neither vis-à-vis you nor external parties.
e) We reserve the right to pay compensation to you in relation to a promotion, regardless if otherwise has been agreed about your participation, should you fail to respond to promotion related questions within 7 days or if you in any way are in breach of this Agreement or Instructions.
f) If you in any way do not complete a promotion as per the Instructions after approval of a promotion, you may be liable for any damages this causes us, advertiser or other affected party. This may also include compensation claims relating to the value of products that you have received in connection with a promotion.
g) If you are offered to collaborate with an advertiser that you have collaborated with through the Service, then you may not collaborate with such advertiser within 3 months from the date you have had collaboration with them through the Service, unless otherwise agreed in writing between you and Wicked.
h) It is completely optional to participate in a Promotion. It is only when you have registered your interest that you accept the instructions and this agreement.
7. Promotion and Promotion Material
a) A sponsored post made through the Service may not be removed within 3 months, unless the post or something related to the post is in violation of laws, Wicked’s terms and conditions or the guidelines of the cooperation.
b) You are not permitted to cooperate with a competing brand/advertiser within 14 days prior to or after having published promotion material.
8. Closing of account
a) You can terminate your account at any time by giving us written notice via e-mail at email@example.com. We will pay any earned and not yet paid Promotion money according to our above-mentioned payment model once a membership has been terminated.
b) We are entitled to terminate your membership immediately if we have reasonable grounds for believing your use of the applicable social media platforms, the Database or participation in the Promotions is in violation of this Agreement, Instructions, Swedish or international law or otherwise may be deemed offensive, improper or inappropriate or if you have caused damage to us or the Advertiser.
c) You are not entitled to any unpaid compensation should your membership be terminated based on item b) above. Such money will be passed on to us or the advertisers.
d) We are entitled to stop providing the whole, or part of, the Service and invitations to Promotions when we believe we have reasonable grounds to do so.
e) We will inform you about the termination of your membership via e-mail to the address you provided when registering.
If you wish that we completely erase all your personal data, simply contact us at Hello@wickedsociety.se .
a) We have the right to disclose the content of this Agreement, the Instructions and your statistics on social media platforms, as well as the fact that you are a Member with Us to Advertisers and potential Advertisers.
b) Wicked cannot be held responsible for information provided by the Member being spread to third party, due to e.g. intrusion into our database or website.
10. Personal data and cookies
Wicked stores the information provided by the Member during registration and under the settings with Wicked. This means that we, for example, store your social security number, name and account number and other information you provide via the service or when performing a promotion and when we need to be able to contact you, invoice you, make payments to you or identify you as a member.
If you want us to completely erase all your personal data from our database, simply contact us at Hello@wickedsociety.se
11. Amendments and additions to the Agreement
We may need to make changes to this Agreement in the future, e.g to take into account new legislation, changes to the service or new requirements that we couldn’t foresee in advance. We try to keep these changes to a minimum. As a member, you are responsible to keep informed about any amendments made to the agreement prior to participating in a new promotion or prior to any other commitment that concerns the service. If you continue to use your membership after an amendment has been made to the Agreement, then you are also bound by the amendment.
12. Disclaimer and compensation
a) We are not responsible for any damage caused to you by the Service, the Website, a Promotion or Promotion Material.
b) We are not liable to you in the event that your use of the Service would be deemed to be marketing according to the Marketing Act (2008: 486), nor for any legal, contractual or cost implications that this could cause to you if you violate our instructions when conducting a promotion. Instructions are attached to promotion material for each individual promotion. For example, you are at all times responsible to always clearly mark all promotion materials according to the Marketing Act.
c) You are liable to us and the Advertiser in relation to the damage, costs, losses, and claims that we or the Advertiser are caused or which we owe to Advertisers or others in connection with your unauthorised, inaccurate or degrading use of the Service, Promotions and the Website or your breach of this Agreement, the Instructions or Swedish Law.
This Agreement does not constitute an employment between you and us. Therefore, we cannot pay you a holiday allowance or sick leave allowance, or provide you notice of termination or other employment related entitlements. If employment arises in connection with a promotion where financial compensation is paid, the salary is inclusive of holiday allowance and only on a project basis. In this case, we pay you net of social benefit compensation and taxes.
14. Invalidity of a provision
Should any provision in this Agreement or part thereof be or become invalid, this shall not affect any other provisions of the Agreement. Any invalid provision shall, as far as possible, be replaced by a provision that meets your and our intention with the Agreement.
15. Transfer or making available of rights and obligations
We have chosen you in particular to be a Member of the Wicked Society, which is why you may not transfer or make available your rights and obligations under this Agreement without our written consent. We may, however, in whole or in part, transfer or make available our rights and obligations under this Agreement to third party.
16. Applicable law and dispute resolution
Swedish law shall apply to this Agreement and to any disputes between you and us. We prefer to resolve such disputes in good faith. However, if this is not successful, the dispute will be finally resolved by the General Courts in Stockholm.