Your consent to the processing of personal data
User age restrictions
You can only use the Yoke Network App and Yoke Network Website(s) if you are 13 years of age or older. We monitor for underage use and we will immediately terminate any relevant user account(s) if we reasonably suspect that you are underage.
Intellectual Property Rights
All intellectual property rights and other rights in or to Yoke Network App and Yoke Network Website(s), and any content of either, made available by or on behalf of Yoke Network and its licensors, belong to and remain at all times with Yoke Network 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 Yoke Network App or Yoke Network 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 Yoke Network App or Yoke Network Website(s) (other than content that is submitted by you to Yoke Network App) for any commercial purpose without obtaining written permission from us to do so first. Yoke Network App and Yoke Network Website(s) are licensed and not sold under this Agreement. The only rights granted to you in relation to Yoke Network App and Yoke Network 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 Yoke Network App or Yoke Network Website(s) is granted by us. Where you submit any content whatsoever (“Content”) to the Yoke Network App or Yoke Network Website(s), including without limitation any image, text, or data, you automatically grant to us an absolute assignment of such Content. to use for any purpose. In addition to this absolute assignment of Content, you agree that Yoke may use (without restriction or limitation) 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 Yoke Network App, Yoke Network 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.
Use of Yoke Network App
In order to use Yoke Network App, you must create a user account (a “Yoke Network Account”). You are responsible for all uses of your Yoke Network 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 Yoke Network Account. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your Yoke Network 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 Yoke Network Account logs details of all Yoke Network generated by you and any transfers of Yoke Network to or from your Yoke Network Account. Please review your Yoke Network Account regularly. If you identify any erroneous transaction or unexpected activity on your Yoke Network Account, or you believe that the security of your Yoke Network Account has been compromised, you must let us know as soon as possible. When using Yoke Network App on your mobile device, you acknowledge and agree that Yoke Network operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
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 income (using Yoke Network App (for example, and without limitation, we may alter from time to time the amount awarded for a partner app installation and/or any fixed fee deals we may agree with you from time to time).We may cap the maximum amount that users of the Yoke Network App may generate each day using Yoke Network 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.
You acknowledge and agree that Yoke shall have no liability to you for any fees that may be payable to you in respect of any Content where a client cancels a campaign without making payment to Yoke for those services. In those circumstances, any such payment to a user for the relevant Content shall be at Yoke’s absolute discretion only. Yoke Network may also withhold pay-out to a user for any reason, including poor user quality, or any inclination that a user is not following our guidelines.
You agree you shall not: seek to generate downloads by any means other than your genuine app installations meeting the eligibility criteria specified by Yoke Network from time to time and, in particular and without limitation, you shall not (i) incentivise people to download the application to attribute downloads of direct response marketing results to your Yoke Network account. Method of incentivisation is at Yoke Network’s discretion, e.g Prompting followers to download an application for a DM is not permitted. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell Yoke Network App or Yoke Network Website(s) or any content accessible on either, save as otherwise expressly permitted by this Agreement or applicable law; operate more than one Yoke Network Account; promote on a social media account that is not registered on their Yoke Network Account; share their promotional app link with another Yoke Network Account or social media account that is not registered on their Yoke Network Account. use Yoke Network App or Yoke Network Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Yoke Network App or Yoke Network Website(s); reproduce, frame, display or mirror Yoke Network App or Yoke Network Website(s) other than as a necessary consequence of their normal operation by you; infringe our intellectual property rights or those of any third party in relation to your use of Yoke Network App or Yoke Network Website(s);transmit any material that is defamatory, explicit, offensive or otherwise objectionable on Yoke Network App or Yoke Network Website(s) or to any other users; use Yoke Network App or Yoke Network Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; employ any technology that interferes in any way with the proper operation of Yoke Network App or Yoke Network Website(s), including by blocking any advertising or promotions displayed thereon; or collect or harvest any information or data from Yoke Network App or Yoke Network Website(s) for any commercial purpose, save as otherwise agreed in writing by us. If we discover any breach of this Section Agreement by you, we may immediately suspend or terminate your access to Yoke Network App and remove and delete any content from Yoke Network App or Yoke Network Website(s) violating this Agreement.
You agree to indemnify, defend and hold harmless Yoke Network, 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. Yoke Network 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 Yoke Network in asserting any available defenses.
Controlling Law and Jurisdiction
You agree that English law 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 courts located in England. You acknowledge and agree that any violation of this Agreement may cause Yoke Network irreparable harm, and therefore agree that Yoke Network will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions, in addition to and without prejudice to any other rights or remedies that Yoke Network may have for a breach of this Agreement.
In order to protect Yoke Network’s confidential information and business interests, you undertake and agree not to work independently with (whether directly or indirectly) any clients of Yoke in respect of which you have been involved in a campaign with that client (a “Yoke Campaign”) at any time during the six (6) month period following the launch of that Yoke Campaign, without first obtaining Yoke’s prior written consent. Any known or suspected breach of this provision will entitle Yoke (in its sole discretion) to suspend or terminate your user account with immediate effect.
The failure of Yoke Network to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that the terms of the Agreement should not be strictly construed against either party.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Yoke Network will not be in breach of this Agreement nor liable for any failure or delay in performance of any obligations under this Agreement (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside the reasonable control of Yoke Network affecting its ability to perform any of its obligations under this Agreement including act of God, fire, flood, lightning, compliance with any law or governmental order, rule, regulation or direction, war, revolution, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, communication, transport, equipment, raw materials or other goods or services.
Changes and updates to Yoke Network App and Yoke Network Website(s)
Yoke Network 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 Yoke Network App and/or Yoke Network Website(s), and/or (ii) alter the functionality or contents of Yoke Network App and/or Yoke Network Website(s) with or without notice to you. We may issue updates to Yoke Network App from time to time. Depending upon the nature of the update, you may not be able to continue to use Yoke Network App until you have downloaded the latest version of Yoke Network App.
In relation to any matters concerning Yoke Network App and Yoke Network Website(s), including any feedback, questions, complaints or claims, please contact us by email to firstname.lastname@example.org
Yoke Network App and Yoke Network 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 Yoke Network App, Yoke Network Website(s) or the contents of any of them. Yoke Network does not warrant or undertake that use and availability of Yoke Network App and Yoke Network Website(s) will be uninterrupted or error-free.
Third Party Content
For your convenience Yoke Network may include in Yoke Network App or Yoke Network Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Yoke Network 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. Yoke Network App and Yoke Network Website(s) may include content submitted by other users of Yoke Network App and Yoke Network 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.
Changes and updates to this Agreement
Yoke Network Marketplace
Yoke Network App enables users to promote apps, brands and other entities in exchange for compensation (such functionality being the “Yoke Network Marketplace”).Our operation of Yoke Network Marketplace should not be taken as an endorsement (express or implied) of any apps, brands and other entities offered on it, nor of any user. Yoke Network is entitled to alter the selection of apps, brands and other entities on offer, and the amount of compensation required to redeem any such apps, brands and other entities offered, on Yoke Network Marketplace. All apps, brands and other entities listed on Yoke Network Marketplace are offered subject to their availability (which may be limited where stated on the listing) and may be withdrawn at any time before they are duly redeemed. Particular apps, brands and other entities may be offered via Yoke Network 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.
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.
Influencer Disclosure Policy
PLEASE READ THIS POLICY CAREFULLY AS IT ADDRESSES YOUR LEGAL RESPONSIBILITIES FOR STATEMENTS YOU MAKE IN CONNECTION WITH YOUR ACTIVITIES THROUGH Yoke Network. This policy applies to any and all advertising activity undertaken by you through or in connection with Yoke Network, 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 Yoke Network. We reserve the right to update this Influencer Disclosure Policy at any time effective immediately upon posting to our website. You agree as follows: You understand that your engagement with a Brand through Yoke Network will involve a paid sponsorship, endorsement and advertisement by and for that Brand and may not be positioned as an unaffiliated critical review. You must disclose the existence and nature of your connection to any Brands you are promoting or working with by communicating that the applicable video, post, and related messaging from you about the Brand (your “Post”) is sponsored. Your disclosures must comply with the Federal Trade Commission guidelines found at https://www.ftc.gov/news-events/press-releases/2013/03/ftc-staff-revises-online-advertising-disclosure-guidelines.Under no circumstances should you conceal your connection with a Brand or endorse products or services that you have not actually used (you must use the product or service prior to producing content) or engage in any other misleading or deceptive practices. Your Posts should reflect your honest opinion and you are not under any obligation to only post positive sentiment. 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: Include a disclosure in the description box of any video you post (“Video”) that is above the fold (e.g. you do not have to click “Show More” or similar to appear); and do at least one of the following: Verbally mention that the Video is sponsored; or Include prominent on-screen text stating that the video is sponsored for a minimum of (4) seconds Your disclosure should be made at or near the beginning of the Video If the call-to-action does not appear at the beginning of the Video, the disclosure should also be made during or immediately before or after, the call-to-action. If the Video is longer than 10 minutes, you should include a final disclosure at the end of the video. 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 Yoke Network 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 Yoke Network 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.
App Store Terms
The Agreement is executed between you and Yoke Network, and not with Apple Inc (“Apple”). Yoke Network App and its contents are the responsibility of us, our licensors and users of Yoke Network App (to the extent that such users create, submit or distribute any content via Yoke Network App) and not Apple. The license to use Yoke Network App granted under this Agreement is a non-transferable license for you to use Yoke Network App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that Yoke Network App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Yoke Network App. We do not offer maintenance or support services in connection with Yoke Network App. Apple will have no warranty obligation whatsoever with respect to Yoke Network App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of Yoke Network App to conform to any applicable warranty set out in this Agreement will be solely our responsibility. We, not Apple, are responsible for addressing any claims by you or any third party relating to Yoke Network App or your possession and/or use of Yoke Network App, including, but not limited to: (i) product liability claims; (ii) any claim that Yoke Network App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that Yoke Network App or your possession or use of Yoke Network App infringes that third party’s intellectual property rights, Yoke Network and not Apple will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with any third party terms that are applicable to the use of Yoke Network App from time to time. Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.