Program Application
EXHIBIT B
Supplemental Affiliate Program Privacy Policy
At SMRTFT, we strive to better serve our Affiliates. We recognize that privacy is an important issue, so we designed and operate our services with the protection of your privacy in mind. This Supplemental Affiliate Program Privacy Policy (“Supplemental Policy”) describes how we collect, use, process, and disclose your information, including personal information, when you participate in our SMRTFT Affiliate Program (hereinafter referred to as the “Affiliate Program”). By joining the Affiliate Program, you signify your approval of the terms set out in this Privacy Policy, and other terms and conditions. If you do not agree to this Privacy Policy, do not participate in our Affiliate Program or interact with any other aspect of our business.
We may update this Supplemental Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our Affiliate Program after these changes are posted, you agree to the revised policy. To the extent that any terms contained herein conflict with any of the Terms of Use of our website (including our general privacy policy contained therein), the terms of this Supplemental Policy shall control.
Information Collected From Affiliates; Account Information
When an Affiliate signs up to join, we collect some information such as email, and social network information in order to help us evaluate affiliate background and potential, and to allow us to contact the Affiliate, as needed.
When you sign up for being our Affiliate and you create a user account, we require certain information such as your first name, last name, email address and billing address to fulfill our contract obligations to you. We require you to provide us with billing information or information about your PayPal account before we are able to make payment to fulfill our contract obligations to you. We also require that you provide us with completed US tax forms (W-9) to fulfill our fiscal obligations due to the contract relationship between you and us.
SMRTFT collects a variety of information that you provide directly to us, including personal data that may be contained in videos, comments, or other submissions you upload or post via the Affiliate Program. “Personal Data” is information that is related to an identified or identifiable natural persona and is protected as personal data under applicable data protection laws.
Content Submitted to SMRTFT
As you submit your photos, video or other content to SMRTFT in accordance with the terms of the Influencer Affiliate Agreement (of which this Supplemental Policy is a part) (“Agreement”) we may publish it on the SMRTFT website or applications along with certain information about you, e.g., your first and last name or your username provided that you have given us permission to do so. SMRTFT does not claim any ownership rights in your Content and nothing in this Supplemental Policy or the Influencer Agreement will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content to SMRTFT and/or posting such Content in accordance with the terms of the Agreement, you hereby grant to SMRTFT a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, SMRTFT, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes subject to any limitations on use of your private Content. You also grant SMRTFT the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Content. You agree that neither SMRTFT nor any third party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that SMRTFT does not guarantee any confidentiality with respect to Content you submit. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these TOU.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Service or you have all rights, licenses, permissions, consents and releases that are necessary to grant to SMRTFT the rights in such Content, as contemplated under these TOU; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or SMRTFT’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
