“Account” means the account which, as an Influencer, you open when you register on the Platform.
“Account Confirmation” means the written confirmation that we may request from you upon opening an
Account and that we will require before we can release any Influencer Fees to you.
“Applicable Law” means any law, decree, circular, or regulation that applies to the Users or the
Company from time to time when using the Platform or when carrying out a Campaign.
“Campaign” means a campaign to promote or endorse a brand, product or service that is proposed by the
Client and for which an Influencer can submit a Proposal through the Platform.
“Campaign Brief” means the description of the Campaign prepared by the Client and setting out the
Campaign Requirements and the required Influencer Services.
“Campaign Requirements” means the requirements and specifications of the Client for the Campaign,
including its terms and conditions, selection criteria for Influencers, KPI for the Services, and other
details as the Client may determine.
“Client” means a brand owner or commercial customer who may solicit Proposals from Influencers to
provide the Influencer Services.
Deposit means a prepayment made or to be made by the Client for the provision of the Services under
one or more Campaign from which the Service Fee and the Influencer Fees will be made upon completion of a
Campaign.
“Hiip”, “we”, “our”, or “us”, means Hiip Company Limited, a limited liability company established
under enterprise registration certificate no. 010-556-105-630-1 in Bangkok City
“Inactive Account” means an Account that has not been logged into for a continuous 6 months period.
Influencer”,”you” hoặc “your” means an influencer who maintains an Account with the Platform
and who may submit an offer through the Platform to carry out the Influencer Services.
Influencer Fee” means the service fee set out by an Influencer in their Proposal for a Campaign and
which, upon being selected by a Client, the Influencer can earn upon successful completion of the Campaign
(subject to the deduction of the Platform Fee).
Influencer Services” means the endorsement, advertising, promotion, review or other favourable
mention of the brand, product, or service for which a Campaign is to be carried out and any other incidental
services by the Influencer through the Marketing Platform as required of an Influencer who is selected by the
Client to carry out a Campaign.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and
the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar
rights), registered designs, registered and unregistered trade marks, and any right to have confidential
information kept confidential; and (b) any application or right to apply for registration of any of the rights
referred to in paragraph (a), whether or not such rights are registered or capable of being registered and
whether existing under any laws, at common law or in equity.
“KPI” means measurable key performance indicators which an Influencer shall meet in providing the
Influencer Services as set out in the Campaign Brief, typically described by the number of “posts” than an
Influencer shall provide.
“Marketing Platform” means the relevant platform or means through which a selected Influencer will
implement the Campaign and provide the Influencer Services, including without limitation, any social network,
online or offline media, or other means or manner through which the relevant Influencer Services will be
provided.
“Platform” means the platform operated by Hiip through its website “hiip.asia” or otherwise
(including any application, tool or service) that permits brands and businesses to launch Campaigns and to
appoint Influencers to carry out the Campaigns based on a preapproved budget and KPI for the Campaign.
“Platform Fee” means the service fee that we charge Influencers for the provision of the Platform
Services to them in relation to a Campaign for which they have been selected and for which they have earned
the Influencer Fee. The Platform Fee will be deducted from the Influencer Fee otherwise payable under these
Terms of Use.
“Platform Services” means the services to be provided by Hiip from time to time to either, as may be
the case, the Client and/or the Influencer, but excluding the Influencer Services.
“Platform Technology” means the technology on which the Platform is built, including any code and
algorithms, used in the operation of the Platform
“Privacy Policy” means our privacy policy a copy of which can be found her [link]
“Proposal” means a marketing proposal provided by a matching Influencer to the Client with regards to
the Campaign and the Influencer Services that the Influencer is proposing to the Client.
“User” means, as is relevant in the context, a Client or an Influencer.
“Territory” means the Socialist Republic of Vietnam.
Hiip.Asia is a Platform which matches Clients and Influencers for the successful implementation of
Campaigns. The Platform uses a data-driven algorythm and the Platform Technology to allow Clients to find
pre-selected Influencers to bid for and implement Campaigns and to provide the Influencer Services
a) By accessing or using the Platform you agree to be bound by the terms and conditions of these Terms of
Use and you agree that the Terms of Use will apply whenever you use the Platform, or when you use the tools we
make available to interact with the Platform or with other Users. We may from time to time update these Terms
of Use and by continuing to access or use our Platform, you agree to any such updated Terms of Use from time
to time
b) Unless required by relevant regulations, we have no obligation to notify you of any changes to the Terms
of Use or the functionalities of the Platform. However, by providing your email to us, you agree that we may
contact you at any time, at our sole discretion, to notify you of any updates to the functionalities of the
Platform or the Terms of Use.
a) Whether you use the Platform as a Client or as an Influencer, you must first open an Account with us. We
may ask you to provide us with a written Account Confirmation before enabling an Account. In any event, we
will require a written Account Confirmation from you before we can pay any Influencer Fees to you. The
information you provide to register such Account must be accurate, complete and updated. The username provided
by you may not be one that impersonates another person, nor breaches any rights of a third party, nor is
offensive or objectionable to us for whatever reason. We reserve the right to close your Account or request
that you change the username at any time should you fail to comply with the foregoing. We may, at our absolute
discretion, refuse to register an Account to any person or corporate entity.
b) You confirm to us that you have authority to act on behalf of the person or organisation for whom you
apply to register an Account. We may communicate with, and provide login detail, to such email or
correspondence address as provided by you when registering the Account or when you update its details with us
or online.
c) We note that you must be at least 16 years old in order to create an Influencer Account with us and we
reserve our right to obtain a confirmation from your parents or legal guardian if you are less than 18 years
old.
d) If you are registering an Account on behalf of an organization or entity (“Organization”), then you are
agreeing to these Terms of Use on behalf of that Organization and you represent and warrant that you have the
authority to bind the Organization to these Terms of Use. In that case, “you” and “your” in these Terms of Use
refers to you and that Organization. We may require such corporate documentation in a form acceptable to us
before we agree to open or validate an Account for an Organization.
e) We shall use reasonable efforts to keep your Account secure. Notwithstanding the foregoing, you are
solely responsible for keeping your Account secure and for any activity on your Account. The Platform provides
an option for you to delete your Account and to deregister. However, we may temporarily refuse to delete an
Account while Campaigns are pending in which you are involved either as Client or as an Influencer.
f) a) We may close an Account without notice if you have breached these Terms of Use or our Agreement or
where your Account has been inactive and you have not logged on to the Platform for a period of at least 6
months.
You agree that while using the Platform, you will not and shall not allow anyone through your Account to:
a) post content or items in inappropriate categories or areas on our Platform;
b) infringe any Applicable Law, third party rights or, where applicable, breach the Agreement;
c) post false, inaccurate, misleading, defamatory, illegal or offensive content (including personal
information);
d) take any action that may undermine the feedback or reputation systems (such as displaying, importing or
exporting feedback information or using it for purposes unrelated to the Platform);
e) transfer your Account to another party without our consent (however, if you permit third parties access
to your Account, you do so at your own risk and you will remain liable that any such third parties observe
these Terms of Use and, where applicable, our Agreement);
f) distribute or post spam, viruses or any other technologies that may harm or compromise the security or
functionality of the Platform;
g) download and aggregate listings from our Platform for display with listings from other websites, “frame”,
“mirror” or otherwise incorporate any part of the Platform into any other website;
h) a) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software
programs used by us in connection with the Platform; or
i) harvest or otherwise collect information about Users, including email addresses, without their consent.
a) Clients may propose a Campaign through the Platform by providing a Campaign Brief and paying a Deposit
which will be administered by us.
b) Influencers that are matched with a Campaign by our Platform Technology may be invited to submit a
Proposal for the Campaign. The Influencers may then submit their Proposals and shall ensure that their
Proposal addresses the Campaign Requirements as specified in the Campaign Brief on the Platform.
c) After a winning Influencer has been selected by the Client and has been appointed to implement the
Campaign, the Influencer shall be bound to perform the Influencer Services according to these Terms of Use and
the Campaign Requirements.
d) When the winning Influencer(s) has (have) completed the Influencer Services in accordance with the
Campaign Brief and otherwise in compliance with these Terms of Use, the Client will determine whether the
Influencer has met the relevant KPI (where so stated in the Campaign Brief). In the event of any dispute, we
may make an final and binding determination whether the Influencer has completed the Influencer Services
appropriately.
e) Upon successful completion of the Campaign and provided that the Influencer is in compliance with these
Terms of Use, the Influencer Fee (as applicable to the relevant Influencer) will be released by us to the
relevant Influencer, subject to any retention of the Platform Fees.
f) At our sole discretion, we may retain or reduce the Influencer Fees if the Influencer has breached the
Campaign Brief or otherwise breaches the Terms of Use as provided herein. If the Campaign has only partially
been completed, we may determine not to pay or to pay 50% or 75% of the Influencer Fees only.
g) If there is any dispute between the Client and an Influencer on whether the Campaign was completed
successfully, the Influencer will have to await our determination of the matter before we can release the
Influencer Fee.
a) Whether, for a specific Campaign, your contract is with the Client directly or with us depends on the
form of Campaign and our Client from time to time and, as an Influencer, we may be your contract counterparty
for the Influencer Services directly or we may only act as an intermediary and the appointment of you as
Influencer, together with all contractual relationships arising out of or in connection therewith, will then
be with the Client directly (and the Client has only authorised Hiip to appoint you as a selected Influencer
on their behalf, and to manage the payment of the Influencer’ on their behalf). As an Influencer, you can
review in the relevant Client profile whether such Client contracts with you directly (direct appointment) or
whether your contract is executed with us directly (Hiip appointment).
b) In the event that you, as an Influencer, contract directly with the Client under these Terms of Use, you
acknowledge and agree that the relationship between you as Influencer and the Client is that of an independent
contractor. Nothing in these Terms of Use or any content of the Agreement creates a partnership, joint
venture, agency or employment relationship between us and the Influencer in these circumstances. Furthermore,
nothing in this Agreement or any content of the Agreement shall in any way be construed as forming a joint
venture, partnership or an employer-employee relationship between the relevant User and Hiip.
As a selected Influencer for any Campaign, in implementing the Campaign and by providing the Influencer
Services, you agree:
a) To observe all Campaign Requirements as set out in the Campaign Brief;
b) Not to create any posts on the Marketing Platform which would be contradictory to the Campaign
Requirements, or be defamatory, or could negatively reflect upon the Client, the image of the Client or the
products or services for which the Campaign was created (including without limitation, not to post or publish
negative or slanderous or libelous posts, not to post wrong photos or misspelling the name of the brand,
product, service or the Client, as applicable);
c) To observe the time-frame for which the Campaign was created (including to provide all Influencer
Services in a timely manner within the time period given for the Campaign);
d) To maintain (and not to edit, delete, hide or otherwise make inaccessible, unless specifically requested
by the Client), any posts or published items of a Campaign, to permit the Client to verify the results of the
Campaign, for a period of at least 30 days from the end of the Campaign as stated in the Campaign Brief;
e) Not to create or use, or encourage or permit that others create or use, fake accounts for the purposes of
interacting with the Campaign and/or to carry out any other activities that may skew the results of the
Campaigns;
f) To observe all Applicable Laws;
g) To observe all relevant regulations and user policies of the relevant Marketing Platform;
h) To comply with all other terms of the Campaign Agreement.
a) When submitting a Proposal, the Influencer will be requested to determine the Influencer Fees that the
Influencer wishes to apply for the Influencer Services under the Campaign. The Influencer shall be bound by
the Proposal and Influencer Fees submitted for a Campaign, except in the event of manifest error.
b) We charge Influencers a Platform Fee for each successful Campaign at an amount of currently 15% of the
Influencer Fees. The Platform Fee that applies to the relevant Influencer will be deducted from the Influencer
Fee before the remaining amount is released and any Influencer Fee is paid for any successful Campaign. We may
review the Platform Fees from time to time and will update you on any changes by updating the relevant
Platform Fee rates by publishing an updated version of these Terms of Use on the Platform.
c) Unless otherwise stated, all Influencer Fees and other Fees on the Platform are quoted in THB. Even where
we make statutory tax payments in relation to Influencer Fees, the Influencers shall remain solely responsible
for their own personal income tax in connection with the Influencer Fees.
We may display your name, company or business name, logo, images or other media, and public description of
your Campaign and profile as part of the Services and/or with other marketing materials relating to the
Platform.
a) Unless otherwise agreed with us, you must not advertise an external platform, product or service on the
Platform. Any platform address posted on the Platform, including in a listing, bid, listing description,
clarification board or the message board, must relate to a Campaign or Campaign Service.
b) We may display sponsor advertisements and promotions on the Platform. You acknowledge and agree that we
shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of
such content on the Platform.
a) You must not post your email address or other contact information on the Platform, except in the “email”
field of the signup form, at our request or as otherwise permitted by us on the Platform.
b) Unless you have a prior relationship with a User, you must only communicate with Users via the Platform.
c) You must not circumvent the Platform and the Services provided by us in any other manner.
We may read all correspondence posted to the Platform and download or access, and test (if necessary), all
uploaded files, programs and Platforms related to your use of the Platform for the purpose of investigating
fraud and for risk management and related purposes.
If a dispute arises between you and Hiip, and such dispute is not able to be settled by amicable agreement
within thirty (30) days such dispute to be settled shall be referred to and finally resolved by arbitration in
Thailand administered by the Thailand International Arbitration Centre (VIAC) in accordance with its
Arbitration Rules for the time being in force. The seat of the arbitration shall be in Ho Chi Minh City. The
Tribunal shall consist of three (03) arbitrators to be appointed in accordance with the Arbitraton Rules of
the VIAC. The language of the arbitration shall be English.
You shall indemnify and hold Hiip and our affiliates, employees and suppliers harmless from all liabilities,
claims, and expenses that arise from or relate to your use or misuse of, or access, whether directly or
indirectly, to the Services or any content made available by you or any third party using your Account in
violation of these Terms of Use.
THE USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL HIIP, NOR DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS OF HIIP, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE, OR THE INABILITY TO USE, THE
SERVICES OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING WITHOUT LIMITATION (I) ANY LOST
PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Legal notices must be served on Hiip (in the case of Hiip) or to the email address you provide to Hiip
during the Account registration process (in your case). Notice will be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address is invalid or that the email has not been
delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the
Account registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Hiip must be given by registered ordinary post (EMS or similar courier service).
It is important to read and understand all our policies as they provide the rules for operation on the
Platform. Our policies, including all policies referenced in them, are part of these Terms of Use and provide
additional terms and conditions related to specific aspects of the Platform Services, the Platform Technology
or the Platform as a whole, including but not limited to, our Privacy Policy (a copy of which can be found
here [link])
Each of these policies may be changed from time to time. Changes take effect when we post them on the
Platform. When using particular services on our Platform, you are subject to any posted policies or rules
applicable to services you use through the Platform, which may be posted from time to time. All such policies
or rules are incorporated into this User Agreement.
If you have any questions about these Terms of Use or if you wish to report breaches of these Terms of Use,
please email us at help@hiip.asia