Thank you for using the Howl platform (the “Platform”) and the products, services, and features we make available to you (collectively, the “Services”). The Services allow you to use Howl’s commerce and payments tools to discover and share campaign opportunities, track your sales and earnings to see what your customers buy, and receive payments from your partners.
The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Howl. If you are under the age of 18, you must not access or use any of the Services.
You agree to abide by our Community Guidelines located in Exhibit A.
We reserve the right to withdraw, suspend, restrict or amend the Services, and material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
You may be required to create an account with Howl (an “Account”) and a username and password to access the Services or some of the resources offered through the Services (the “Credentials”). You may also be required to provide additional information that will assist us in authenticating your identity when
The use of the Services is prohibited on any websites, newsletters, social media platforms, or other digital content, that you do not own, control or have legal authority to use and display content.
If clicks are driven and/or purchases or sales are made through your Howl.me Links, Howl shall pay you certain earnings (the “Earnings”) based upon Commission Rate (“Commission”), Cost Per Click (“CPC”), or other determinations of earnings.
Commission and CPC will be determined as follows:
Additional earnings may be paid in amounts determined at the discretion of Howl or the Brands using Howl. These may include but not be limited to flat fees or ad-hoc bonus earnings based on performance, referrals, and/or link creation. The amount and terms of these earnings are at the discretion of Howl or the Brands using Howl.
The Earnings due to you for any given month will be paid: (i) using Instant Pay in accordance with the applicable terms herein; or (ii) approximately ninety (90) days after the end of such month, provided, however, that Howl will not be required to pay the Fee until payment has actually been received by Howl from the applicable Brand. You will be subject to a minimum threshold amount of one-hundred and twenty dollars ($120.00) (the “Payment Threshold”) before the Earnings will be paid to you for any particular month. Payment will be made in U.S. dollars. If the Payment Threshold has not been met for any particular month, the amount owed will be paid to you the next following month in which the cumulative amount of the Fee owed meets the Payment Threshold.
All data relevant to the Earnings will be based solely on the Howl Dashboard. Howl’s calculations shall be final and binding on User, provided, however, that the Parties will work together in good faith to the extent Howl’s calculations are materially different from User’s calculations.
Howl will collect all relevant details for tax purposes as necessary and specified by the tax code. Each Party shall be responsible for paying any income taxes due on revenue earned by such Party pursuant to this Agreement.
Howl is and will remain the sole and exclusive owner of all right, title, and interest in and to the Platform, the Services, the Marketing Materials (except for User Content and User Contributions), and any other Services, including, without limitation, all source code, object code, operating instructions, and all interfaces developed for or relating to the same, together with all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works thereof and thereto made by or on behalf of Howl, and including all Intellectual Property Rights embodied in any of the foregoing.
The Howl name and all related names, logos, product and service names, designs, and slogans are trademarks of the Howl or its affiliates or licensors (the “Howl Marks”). You must not use such marks without the prior written permission of the Howl. All other names, logos, product and service names, designs, and slogans on the Platform or in connection with any of the other Services are the trademarks of their respective owners
Except as otherwise stated herein, no right, title, or interest in or to the Platform, the Services, the Howl Marks, any other Services, or any content on the Platform is transferred to you, and all rights not expressly granted herein are reserved by the Howl.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
As used herein, “Intellectual Property Rights” means any and all (i) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms and other industrial property rights; (v) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license or otherwise; and (vi) rights or interest in registrations, applications, renewals, extensions, continuations, divisions or reissues thereof.
The Platform may contain message boards, personal web pages or profiles, forums, bulletin boards ,and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
Additionally, you may make available certain editorial materials, articles, images, sounds, videos, posts, and other editorial materials and content on or through the User Channels (the “User Content”). All User Contributions and User Content must comply with our Community Guidelines.
Any User Contribution and User Content you post to the site will be considered non-confidential and non proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions and User Content you submit or contribute, and you, not the Howl, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions or User Content posted by you or any other user of the Platform.
If you believe that any third-party User Contributions or User Content violates your copyright, please contact us at email@example.com. It is the policy of the Howl to terminate the user accounts of repeat infringers.
In order to use Instant Pay, that: (i) you must have a Stripe Connected Account that has been fully set up and that complies with and meets the requirements of the Stripe Policies; and (ii) you must be located in and have a Stripe Connected Account located in the United States, the United Kingdom, Singapore or Canada (the “Eligibility Requirements”).
If you meet the Eligibility Requirements, pay the Transaction Fee, and are permitted by Howl, you may elect to receive your Earnings via Instant Pay, a feature on the Platform offered and operated by Stripe, Inc. (“Stripe”). Using Instant Pay, you may receive your Earnings on an accelerated basis into a bank account that is linked to your Stripe account (the “Stripe Connected Account”). Howl, on behalf of the Brand, will submit payment for Earnings to your Stripe Connected Account, up to the Daily Payout Limit. “Daily Payout Limit” means the limit of funds that Howl may send to you using Instant Pay within 24-hours.
You shall pay a transactional fee (the “Transactional Fee”) for each payment you request through Instant Pay. The Transactional Fee and the Daily Payout Limit will be listed on the Platform, and are subject to change at any time at Howl’s or Stripe’s discretion.
You may not, and may not attempt to send or receive funds to or from a person, entity, or state where such transactions are prohibited by applicable law.
You acknowledge and agree any payment from Howl through Instant Pay is not a loan, but is an accelerated payment of Earnings made on behalf of the relevant Brand(s) you have earned from.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform or user of the Services, or by anyone who may be informed of any of our content.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Howl, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Howl. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites
You agree that you are solely responsible for all matters related to the User Contributions and User Content, and the operation and maintenance of the User Channels (excluding the Platform and/or the Services), including, without limitation creating and posting User Content and embedding Howl.me Links in the User Content.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF OUR SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR FROM DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HOWL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The provider of the Services is based in the State of New York in the United States. We make no claims that the Services or any related content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This Services are provided by Howl Technologies, Inc. d/b/a Howl located at 335 Madison Ave., FL 4 New York, NY 10017.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.
As a member of the Howl community, we want you to feel supported, safe, and connected to other creators while you grow your business. To achieve that, we are deliberate about how we foster community and create a space where creators like you can thrive.
As part of our commitment to supporting creators that use Howl, we have developed these Community Guidelines (the “Guidelines”) to clarify what is and is not acceptable behavior when using the Services. Growing your business by working with leading global Brands means that you will be held to high standards. Howl is here to help make sure that you are set up for success.
You may use Howl.me Links on social media platforms where you create content, such as YouTube and Instagram (each a “Social Media Platform”). By using the Howl.me Links feature on any Social Media Platform, you expressly agree to comply with all terms and conditions applicable to such Social Media Platform, including but not limited to all terms of service and privacy policies.
You shall not engage in any conduct or post any content that discriminates against, defames, or degrades any person or group of people based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, age, occupation, political affiliation, socio-economic status, disability or medical conditions.
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that…
You shall only use Howl.me Links to endorse products or Brands you have actually used and actually approve of. You may only make statements that reflect your honest beliefs, opinions, or experiences and are transparent about your connection to Brands.
When posting about a Brand’s products using Howl.me Links, you agree to disclose your material connection to such brand clearly and conspicuously, including by…
Social Media Platforms may have a required tool or feature for paid endorsements. Although these tools or features must be used to comply with the Social Media Platform's rules, they should not be relied on alone to meet FTC disclosure requirements.
Please find examples of acceptable and unacceptable disclosures in Exhibit B.
You shall not maliciously defame products or Brands in your User Content or use the Platform or Services for any malicious activity.
You shall not attempt to increase your Earnings in a dishonest way, including but not limited to:
Disclosures must explicitly disclose seeding you received, discounted price for product you received, and any compensation - including that you may earn a portion of revenue or commission from relevant brands.
Disclosures must not imply for any reason a contractual agreement or collaboration between you and the brand, either through language, the use of hashtags, or the omission of language which thereby makes clear that your recommendation is not sponsored or endorsed by the brand.
Written (in video description)
FTC: All opinions on products are true, honest and 100% my own.
FTC Disclaimer: This video is not sponsored. This post does contain commerce/affiliate links, which means that if you purchase anything through these links, I may make a small commission.
Verbal (at the beginning of a video)
"As a commerce creator, I may earn from the commerce links in the description below. When you purchase through my links, my contribution to your decision gets recognized and rewarded" "Through your loyalty and support of my stream, I may earn commissions from purchases through my Howl commerce links.”
“Like, Subscribe and Support. I may earn commissions from purchases through my Howl commerce links" “100% of these opinions are my own.”
“This video is not sponsored but you can find commerce links to purchase in the description below.” Verbal (at the beginning of every social commerce video if product was seeded or provided at a discount)
“Full transparency: I received free [product/service] from [brand] to try but this review is unsponsored and these opinions are my own.”
“I purchased [product/service] at a discount generously provided by [brand] so that I could try this out for you guys. My review is unsponsored and not in collaboration with [brand].”
If applicable: #notsponsored #affiliate #opinionsaremyown #[brandname]partner Examples of Unacceptable Disclosures Include the Following:
“I received free [product/service] from [brand]”
“Thanks [brand] for the free [product/service]”
“I’m a paid brand ambassador for [brand”
“I have partnered with [brand] to promote [product/service]”
“I was paid by [brand] to…”
#sp #collab #ambassador #sponcon