These Terms & Conditions govern all contractual relationships between Empreinte Network and its clients (brands and influencers). By using our services, you fully and unconditionally accept these terms.
Definitions
In these Terms & Conditions, the following terms have the meanings assigned to them below:
Contracting Parties
- "Empreinte Network" refers to the company Empreinte Network, an influencer marketing agency incorporated in France, reachable at contact@empreintenetwork.fr.
- "Client" refers to any individual or legal entity that has subscribed to Empreinte Network's services, whether a brand or a content creator.
- "Brand" refers to any client wishing to run influencer marketing campaigns via the Empreinte Network network.
- "Influencer" or "Creator" refers to any content creator registered within the Empreinte Network and eligible to participate in brand campaigns.
Technical Terms
- "Campaign" refers to any influencer marketing operation organised by Empreinte Network on behalf of a Brand, involving one or more Influencers.
- "Brief" refers to the scoping document provided by the Brand and/or Empreinte Network to the Influencer, describing the campaign's objectives, format, requirements and deadlines.
- "Content" refers to any creative material produced by the Influencer as part of a Campaign (video, photo, text, story, reel, etc.).
- "Platform" refers to any social network or digital tool on which Content is published (Instagram, TikTok, YouTube, X, LinkedIn, etc.).
- "KPIs" (Key Performance Indicators) refers to the performance metrics defined prior to each Campaign to measure its results.
Purpose & Acceptance
Purpose
These Terms & Conditions define the terms and conditions under which Empreinte Network provides its influencer marketing services to its Clients, as well as the rights and obligations of each party within this commercial relationship.
Acceptance
Any use of Empreinte Network's services — whether resulting from a signed quotation, email confirmation, payment or any other form of agreement — constitutes full and unreserved acceptance of these Terms & Conditions as in force at the time of the order.
These Terms & Conditions take precedence over any other document from the Client, including the Client's own general purchasing conditions, unless Empreinte Network has given express prior written consent to the contrary.
Amendments
Empreinte Network reserves the right to amend these Terms & Conditions at any time. Clients will be informed of any material changes by email with a minimum of 30 days' notice. Continued use of the services after this period constitutes acceptance of the new terms.
Services
For Brands
Empreinte Network offers the following services to Brands:
- End-to-end campaign management: from strategy definition to execution and reporting, Empreinte Network manages the entire process.
- Influencer sourcing: identification, analysis and selection of the creators best suited to the Brand's objectives and target audience.
- Negotiation and contracting: management of exchanges with Influencers, rate negotiation and drafting of collaboration agreements.
- Monitoring and optimisation: real-time performance tracking and operational adjustments during the Campaign.
- Reporting: delivery of detailed performance reports at the end of each Campaign.
- International strategy: deployment of multi-country campaigns with cultural and linguistic content adaptation.
For Influencers
Empreinte Network offers the following services to Creators:
- Matchmaking: access to a portfolio of partner brands and regular collaboration opportunities.
- Administrative management: handling of contractual aspects, invoicing and payment tracking.
- Support: advice and assistance throughout collaborations.
Empreinte Network acts as an intermediary and service provider. It is not the employer of Influencers and cannot be held liable for content produced by them, subject to the provisions of these Terms.
Obligations of the Parties
Empreinte Network's Obligations
Empreinte Network undertakes to:
- Execute the services ordered professionally, diligently and within the agreed timeframes.
- Select Influencers whose profiles match the criteria defined by the Brand.
- Ensure regular and transparent communication with its Clients throughout the Campaign.
- Maintain the confidentiality of information and data entrusted to it.
- Provide faithful and comprehensive performance reports at the end of each Campaign.
- Comply with applicable regulations, particularly regarding advertising and personal data protection.
Brand Obligations
The Brand Client undertakes to:
- Provide a complete, accurate Brief that complies with applicable advertising regulations (including rules on identifying sponsored content).
- Respond to Empreinte Network's requests within reasonable timeframes so as not to jeopardise the Campaign.
- Validate Content proposed by Influencers within the agreed deadlines. After this period, Content will be deemed validated by tacit consent.
- Pay all amounts owed in accordance with the agreed terms and deadlines.
- Not contact directly any Influencer introduced by Empreinte Network without prior written consent, during the commercial relationship and for 12 months after its termination.
Influencer Obligations
The Influencer registered within the Empreinte Network undertakes to:
- Strictly comply with the terms of the Brief provided for each Campaign.
- Produce original, professionally-quality Content within the agreed deadlines.
- Explicitly identify the commercial nature of Content in accordance with applicable legislation (#partnership, #sponsored or equivalent).
- Not publish Content likely to harm the image of the partner Brand or Empreinte Network.
- Keep Content online for the minimum duration specified in the Brief (minimum 12 months unless otherwise agreed).
- Provide performance statistics and metrics within 48 hours of Content publication.
Financial Terms
Pricing
Empreinte Network's service rates are established by quotation, based on the nature, duration and complexity of each Campaign. Any accepted quotation constitutes a firm and binding commitment by both parties.
Payment Terms
- Deposit: a deposit of 50% of the total amount including tax is required upon signing the quotation or order confirmation.
- Balance: the remaining balance is due upon delivery of the end-of-campaign report or on the deadline specified in the quotation.
- Payment period: invoices are payable upon receipt, unless a specific term is stated in the quotation (maximum 30 days).
Late Payment
Any late payment automatically incurs, without prior notice, late payment penalties at the current legal rate plus 5 points, as well as a fixed recovery fee of €40. Empreinte Network also reserves the right to immediately suspend any ongoing Campaign.
Influencer Remuneration
Influencer remuneration is determined on a case-by-case basis according to the terms of each Campaign. Empreinte Network acts as a mandatary in disbursing fees and cannot be held liable for non-payment attributable to the Brand Client.
Cancellation
- Cancellation more than 30 days before launch: the deposit paid is retained as a fixed indemnity.
- Cancellation between 15 and 30 days before launch: 75% of the total amount is due.
- Cancellation less than 15 days before launch: 100% of the total amount is due.
Intellectual Property
Content Rights
The Influencer retains copyright ownership over the Content they create. They grant the Brand Client and Empreinte Network a non-exclusive licence, limited in time and to the uses defined in the Brief.
Scope of the Licence
Unless otherwise specified in the Brief, the licence granted covers:
- Publication on the Brand's social platforms for a period of 12 months.
- Use for institutional communication purposes (website, presentations).
- Redistribution on Empreinte Network's own channels for portfolio and promotional purposes.
Any use beyond these purposes (paid advertising, outdoor, press, etc.) requires a specific agreement and additional compensation negotiated with the Influencer.
Brand Identity
The "Empreinte Network" brand, its logo and all visual identity elements are the exclusive property of Empreinte Network and are protected by intellectual property law. Any reproduction, even partial, is strictly prohibited without prior written authorisation.
Privacy & Personal Data
Confidentiality Obligation
Each party undertakes to keep strictly confidential all non-public information obtained in the course of their commercial relationship, including commercial, strategic, financial and technical information, for the duration of the relationship and for 3 years after its termination.
Personal Data Protection (GDPR)
Empreinte Network collects and processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable data protection law. Data collected is used exclusively for the purpose of delivering services and is not transferred to third parties without explicit consent.
- Data collected: name, surname, email, banking details (for payments), social platform statistics.
- Retention period: data is retained for the duration of the commercial relationship plus 5 years for statutory accounting obligations.
- Rights: access, rectification, deletion, portability and objection — exercisable via contact@empreintenetwork.fr.
Cookies
Empreinte Network's website uses cookies for statistical and functional purposes. Users may configure their browser to refuse cookies without this affecting access to the main services.
Liability
Limitation of Liability
Empreinte Network's liability is limited to direct and foreseeable damage resulting from proven fault in the performance of its services. Under no circumstances shall Empreinte Network be liable for indirect damages such as loss of revenue, loss of clientele, reputational harm or commercial losses.
Empreinte Network's total liability is capped at the amount effectively received for the Campaign in question.
Influencer Content
Empreinte Network cannot be held liable for content published by Influencers beyond the scope of the validated Brief. The Influencer alone is responsible for their publications and their compliance with applicable law.
Force Majeure
Empreinte Network is exempt from all liability in cases of force majeure, including: natural disaster, pandemic, cyber-attack, unforeseeable legislative change, or suspension or closure of a social Platform by its publisher.
Advertising Compliance
The Brand Client is solely responsible for ensuring its advertising messages comply with applicable regulations. Empreinte Network provides guidance but does not substitute for the Brand's compliance obligations.
Termination
Termination by Mutual Agreement
The parties may agree in writing to terminate their contractual relationship at any time, subject to the settlement of ongoing obligations.
Termination for Breach
In the event of a material breach by either party, the other party may terminate the contract after formal notice that remains unheeded for 15 business days, without prejudice to any claim for damages.
Material breaches that may justify immediate termination include:
- Non-payment of an amount owed after formal notice.
- Publication of unlawful, defamatory or seriously harmful Content.
- Serious breach of the confidentiality obligation.
- Unauthorised direct contact with an Influencer introduced by Empreinte Network.
Effects of Termination
Termination ends future obligations of the parties without retroactive effect. Amounts already due remain payable. Confidentiality obligations and intellectual property clauses survive termination.
Disputes & Governing Law
Mediation
In the event of a dispute regarding the interpretation or performance of these Terms & Conditions, the parties undertake to seek an amicable solution before resorting to legal proceedings. Failing agreement within 30 days of notification of the dispute, each party is free to pursue legal action.
Governing Law
These Terms & Conditions are governed exclusively by French law. In the event of difficulty in interpretation between the French version and any translation into another language, the French version shall prevail.
Jurisdiction
Failing amicable resolution, any dispute relating to the formation, interpretation or performance of these Terms shall be submitted to the courts having jurisdiction over Empreinte Network's registered office, notwithstanding multiple defendants or third-party proceedings, including urgent or interim proceedings.
Contact
For any question regarding these Terms & Conditions, please contact us at: contact@empreintenetwork.fr