Terms of Use

 

Influencer Program Terms and Conditions

 

INTRODUCTION

Infront Sports & Media AG ("INFRONT") is engaged in the organisation of the 2022 IIHF World Championship ("2022 IIHF WM").

 

INFRONT wishes to engage several individuals ("INFLUENCERS") to provide social media editorial content during the 2022 IIHF WM and post natively to their social channels ("Influencer Program"). In order to select INFLUENCERS, INFRONT together with the International Ice Hockey Federation ("IIHF") organises a contest ("the Contest"). 

 

Details and the rules and regulations of the Contest can be found here:

https://contest.iihf.com/trk/BeASuperfan

 

These Influencer Program Terms & Conditions ("T&C") will apply to the winners (selected INFLUENCERS) of the Contest and define the framework of the Influencer Program. 

 

PARTICIPATION IN THE CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THESE INFLUENCER PROGRAM TERMS AND CONDITIONS AND THE CONTEST RULES & REGULATIONS AVAILABLE ON THE WEBSITE DURING THE CONTEST AND THE INFLUENCER PROGRAM.

 

1. TERM AND TERMINATION OF THE INFLUENCER PROGRAM

 

1. The Influencer Program commences on 10 May 2022 and expires on 5 June 2022, unless previously terminated.

 

2. Either party may terminate the Influencer Program by written notice:

   1. if the other party fails to comply with any of its material obligations under these T&C and does not remedy such failure as soon as possible after being called upon to do so; or

   2. if the other party declares bankruptcy, becomes insolvent, enters into liquidation or composition proceedings with its creditors or ceases or threatens to cease to carry out its business operations.

3. INFRONT may terminate the Influencer Program in line with 1.2.1 above especially if it finds the INFLUENCER spreading false information or discriminating against others. INFRONT reserves the right to block or report the concerned social media account(s). 

 

4. Any termination of the Influencer Program (howsoever arising) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue into force on or after such termination.

 

2. OBLIGATIONS OF THE INFLUENCER 

   1. The INFLUENCER supports INFRONT with the following services:

• to share content on social media about the 2022 IIHF WM 

• to post at least 5 pieces of content (still or video) during the tournament 

• tag the IIHF as branded partner by using the following hashtags and tags in all posts:

• Facbeook: https://www.facebook.com/iihfhockey/

• Instagram: @IIHFhockey;

• TikTok: @iihfhockey

• Twitter: @iihfhockey

• #IIHFWorlds 

• #ad (for Instagram)

• to only speak of the IIHF and affiliates in positive language. No swearing, no discrimination against age, sex, religion, gender, sexual orientation, race, no nudity, etc. (applies to images, video and text); 

• IIHF and INFRONT reserve the right to ask to take down and delete any post deemed violating the above or any of the IIHF's code of conduct and Influencer must consent

 

The INFLUENCER acknowledges that the content cannot include any form of game footage.

 

2. The INFLUENCER may have the right to use the official logo and official mascot as well as official designs of the 2022 IIHF WM for the fulfilment of the above obligations / services (2.1.) only and if provided and approved by IIHF/INFRONT. The usage of such logo, mascot and other designs must always be in compliance with the official logo guidelines. The logo, mascot and other designs may not be altered in any way and the INFLUENCER shall in no way make available such logo, mascot and other designs to any third party.

 

3. The INFLUENCER must ensure that only the official sponsors of the 2022 IIHF WM are visible in the content posted on social media channels, if at all. This includes Skoda, NiveaMen, Isostar, Liga Stavok, Liqui Moly, Pirelli, Raiffeisen Bank International, Shate-M/”Patron”/Reauto.ru, Nike, Tissot, Bauer, CCM, Fischer, Gufex, Oakley, Sher-Wood, Tackla, True Temper, Warrior Hockey. If any other brand is visible in the content IIHF and INFRONT reserve the right to ask to take down and delete any post deemed violating the above. 

 

4. The INFLUENCER agrees and grants IIHF and INFRONT direct access to their analytics. The INFLUENCER will be creating daily reports including information such as likes, shares, views etc. The INFLUENCER will also allow Keyhole token access in order to monitor the success of the 2022 IIHF WM specific posts.

 

5. The INFLUENCER shall provide the services using all reasonable skill, care and attention according to the standards of professional performance that it is reasonable for INFRONT to expect in all the circumstances. The INFLUENCER will ensure that it does not, whether in the course of its performance of the services or in any other capacity or manner, (i) undermine or prejudice the integrity of, or bring into disrepute the name, image or reputation of INFRONT, the IIHF and/or the World Championship (including any of the participants therein), or do anything which may detract from the good image of the World Championship, its management, administration, organisation or play, (ii) broadcast any content which may be defamatory, obscene, in contempt of court or otherwise derogatory.

 

6. The INFLUENCER shall fulfil their duties with due care and prudence according to the standards of professional performance and shall use their best efforts in the faithful performance of their duties and the performance of their related duties under the Influencer Program. The INFLUENCER shall ensure that he complies with all applicable laws and regulations in his performance of the services.

 

7. The INFLUENCER shall be available to INFRONT (main contact: Storie Serres.
   digital@iihfoffice.com) for updates and reports on his work at the request of INFRONT. Such updates as well as meeting and event participation under the set objectives shall be coordinated with INFRONT and may comprise of (but not limited to) debriefing meetings, written reports or short notices (such as sms, messenger, WhatsApp or emails), analytics on content whatever is suitable for the given situation.

 

3. OBLIGATIONS OF INFRONT

   1. Duty to inform the INFLUENCER

INFRONT shall provide the INFLUENCER with the required information, footage, videos, support and documentation for the fulfilment of the duties assigned to the INFLUENCER respectively, under this Influencer Program.

 

2. Compensation

The INFLUENCER will provide its services for free. The INFLUENCER acknowledges that INFRONT will not pay any monetary compensation for the services to be rendered by the INFLUENCER under the Influencer Program. 

 

The INFLUENCER will receive merchandising items (i.e. shirts, caps etc.) of the 2022 IIHF WM after the completion of the 2022 IIHF WM. It's at INFRONT's sole discretion to choose the merchandising items and it will depend on performance and compliance of the INFLUENCER. 

 

3. Expenses

The INFLUENCER shall bear all expenses and costs incurred in connection with the performance of the services under the  Influencer Program for communications measures (telephone costs, internet, etc) and for production of the content. 

 

4. INTELLECTUAL PROPERTY

   1. "Intellectual Property" means all copyrights, moral rights, designs, patents, trademarks, trade and business names, domain names and all intellectual property (excluding know-how) howsoever arising and in whatever media now known or hereafter devised.

 

2. The INFLUENCER acknowledges and agrees that all Intellectual Property arising from, created or developed by him as a result of the performance of the services shall, upon creation, vest in and remain the property of IIHF.

 

3. Nothing in these T&Cs shall be construed as an assignment or transfer of ownership from one party to the other of any Intellectual Property whatsoever owned by a party at the time of commencement of the Influencer Program. The INFLUENCER agrees that all rights, titles to property and other titles in connection with the official logo, mascot and other designs shall remain with IIHF.

 

4. The INFLUENCER agrees that INFRONT and/or IIHF may share the content and posts produced by the INFLUCENCER on the official social media channels and other available platforms of INFRONT, the IIHF and the 2022 IIHF WM;  IIHF and INFRONT reserve the right to boost any content created by the INFLUENCER where the IIHF is properly tagged.

 

5. CONFIDENTIALITY

During the term of the Influencer Programand for an indefinite period following its termination, the INFLUENCER shall not for any reason disclose or publish any confidential information relating to INFRONT’S business or of its affiliates, including, but not limited to, that of a technical, commercial, financial or any other nature, brought to the INFLUENCER's knowledge during the period spent as the INFLUENCER as well as keep strict confidentiality of any information relating to the INFLUENCER'S services performed for INFRONT hereunder, including, but not limited to, the content, deliverables, timeline, results and/or products delivered. 

All business records, papers and documents kept, made or received by the INFLUENCER relating to INFRONT’S business or its affiliates shall be returned to INFRONT upon termination of this Influencer Program and the INFLUENCER shall not, without the express prior written consent of INFRONT, disclose or publish any business records, papers and documents, correspondence, project plans or other documents containing information relating to INFRONT’S business or its affiliates. 

Both Parties shall maintain strict confidentiality about any information relating to these T&C as well as any information related to the business relationship between the Parties, including, but not limited to, any and all communication between the Parties prior to, during or after the conclusion of the Influencer Program.

 

6. COMPLIANCE

   1. Each party warrants to the other that it will at all times during the term of this Influencer Program comply with all applicable laws (including, but not limited to, anti-bribery and anti-corruption laws, such as the Foreign Corrupt Practices Act and the UK Bribery Act, or laws pertaining to trade and financial sanctions, including those adopted by the United Nations, the European Union and the United States, or any other applicable sanctions laws) and that it will not use the funds to be provided under this Influencer Program for any activity which is prohibited under the United Nations, the European Union, the United States or any other applicable sanctions laws or make available any funds received under this Influencer Program to any person, entity or body which is designated by the United Nations, the European Union, the United States or in any other applicable sanctions laws as the target of an asset freeze. 

 

2. The INFLUENCER confirms to acknowledge and adhere to the Mini Code of Conduct (Annex 1) below of these T&C. 

 

7. OTHER ACTIVITIES AND EXCLUSIVITY

   1. During the term of the Influencer Program the INFLUENCER is entitled to accept engagements from third parties only to the extent that such engagements do not adversely affect or impede the performance of his obligations under this Influencer Program.

 

2. The INFLUCENER must immediately disclose to INFRONT any potential or actual conflict of interest which arises or which may arise as a consequence of any third party engagements under the above clause.   

 

8. INDEPENDENT CONTRACTOR

   1. The parties agree that the INFLUENCER is an independent contractor and especially no representative of the IIHF and as such solely responsible for the fulfilment of all legal requirements imposed by any public or other authority of his country domicile regarding taxes, social security, accident, health insurance and the like.

 

2. In addition to this, the parties further agree that the INFLUENCER is an independent contractor also under Swiss law and as such solely responsible for the fulfilment of all legal requirements imposed by any public or other authority of Switzerland in order to be accepted as an independent contractor. The INFLUENCER is required to provide INFRONT with the confirmation of respective authorities. 

 

3. The INFLUENCER represents and warrants that he will fulfil all such requirements and timely make all required payments. The INFLUENCER agrees to provide proof that he is registered with the social security authorities as an independent contractor. He further represents that his accident and health insurances cover any and all consequences of accidents and illnesses occurring anywhere in the world as well as the cost for repatriation. The INFLUENCER herewith confirms to maintain an adequate insurance cover-age for any business risks, in particular but not exclusively, such as a third party liability insurance.

 

4. The INFLUENCER acknowledges that INFRONT does not assume any obligations or responsibilities to this effect and he, therefore, agrees to indemnify INFRONT for any expense incurred by it because of breach of its representations or warranties. 

 

9. INDEMNITY

   1. The INFLUENCER agrees to indemnify and keep indemnified INFRONT and/or IIHF on demand against all actions, claims, costs, liabilities and losses which may be made against them or which the INFLUENCER may suffer or incur as a consequence of or which relate to or arise directly or indirectly from any breach by the INFLUENCER, of these T&C.

 

2. INFRONT agrees to indemnify and keep indemnified the INFLUENCER, on demand against all actions, claims, costs, liabilities and losses which may be made against it or which it may suffer or incur as a consequence of or which relate to or arise directly or indirectly from any breach by INFRONT and/or IIHF of these T&C.

 

3. If for any reason a party is unable to fulfil its obligations under this Influencer Program owing to an event of force majeure, which means any event which is unforeseeable without the fault or negligence of that party and which, or the consequence of which is beyond the reasonable control of that party, then that party will not be deemed to be in breach of its obligations. If the force majeure event is affecting the obligations of a party, such party shall use its best efforts to remove the force majeure event as quickly as possible. 

 

4. For the sake of clarity, if the 2022 IIHF WM will be cancelled due to Force Majeure, for example as a consequence of the COVID-19 pandemic, both Parties are relieved from their obligations with immediate effect.

 

10. ENTIRE AGREEMENT AND MODIFICATION

The agreement to these T&C supersedes all prior agreements between the Parties with respect to its subject matter and constitutes (along with the documents referred to in these T&C) a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. These T&C may not be amended except by a written agreement executed by the party to be charged with the amendment. 

 

11. GOVERNING LAW

These T&C shall be governed by and construed in accordance with the material laws of Switzerland. All disputes arising out of or in connection with the Influencer Program shall be subject to the exclusive jurisdiction of the ordinary courts at the domicile of INFRONT.

 

Annex 1 Mini Code of Conduct

 

Annex 1

Mini Code of Conduct

 

Ambition. Infront Group (Infront) ranks among the top global sport full service agencies. Infront's ambition is to deliver superior value to, and to apply fair business practices toward, its customers, employees, shareholders, associated persons like service providers or agents as well as governmental authorities and society as a whole.

Compliance and integrity. As an INFLUENCER of an Infront group company, you are expected to comply with all laws and regulations in force. In addition, you are also expected to act with integrity, honesty and respect in fulfilling your daily tasks for Infront. In particular, the following conduct is expected of you.

No bribery or corruption. Infront does not accept any kind of bribery. Also gifts, meals, entertainment and/or donations risk being viewed as a bribe. You must not offer, make or accept any payments, gifts or donations to or from third parties. Furthermore, you must not offer, make or accept any form of meal or entertainment beyond reasonable and customary courtesy, and in no event with a value exceeding EUR 200.

Respect of Infront and third-party property. You are personally responsible for safeguarding and using Infront assets, with which you are entrusted in order to do your job, appropriately, and to protect them against waste, loss, damage, misuse, theft or infringement. You must not damage or misappropriate the physical assets of others, infringe valid intellectual property rights, misappropriate confidential information, or use or disclose confidential information.

Questions and concerns. Should you have any questions or concerns about legal or ethical issues, please contact the Infront Compliance Desk (++41 41 723 15 15). If you seek advice from or raise a concern with the Compliance Desk in good faith, Infront will not tolerate retaliation against you.

 

Statement of acknowledgment:

 

By accepting these T&C, I have read and will comply with the above, which constitutes a binding directive for fulfilling my contractual tasks for Infront. I acknowledge that I am personally responsible and liable in case of a contravention.