Terms and Conditions – Pandora Circle The Pandora Ambassador Program
INTRODUCTION Please take the time to read these terms and conditions for being an ambassador for Pandora (“Pandora Ambassador” or “Ambassadorship”) (“Terms”).
The Terms are a legally binding agreement between you and Pandora Group (Pandora A/S, Havneholmen 17-19, 1561 Copenhagen V, Denmark and all its direct and indirect subsidiaries and associated companies). Pandora Group is hereinafter referred to as "Pandora", "we, "us" and “our”). The Terms cover your use of the Duel platform (www.duel.tech) (“Platform”) as a Pandora Ambassador taking part in our Pandora Ambassador Program (or “Program”) and your rights and obligations as a Pandora Ambassador on social media platforms “(Social Media”). These Terms further govern the requirements to the content you post on Social Media as a Pandora Ambassador (“Content”) which means all Social Media posts that contain a reference to Pandora either by name, logo or products and any other submissions you contribute with as part of the Program. As a Pandora Ambassador you act as one of Pandora’s micro influencers and not as a consumer.
You acknowledge that you have read, understood, accepted, and will comply with the Duel Terms of Services which is a prerequisite for accepting these Terms.
PURPOSE As a Pandora Ambassador, you have the opportunity to share Content and your unique personality and stories to Pandora’s customers on Social Media. You may be eligible to receive different rewards based on completed tasks and challenges set forth in our Program.
REQUIREMENTS By accepting the Terms and taking part in the Pandora Ambassador Program, you acknowledge that you meet and will adhere to the following requirements: you are 18 years or older; you meet the application requirements set forth in the application form; your Content on Social Media must at all time comply with i) all applicable laws and best practices applicable to influencers’ business and services in your territory and ii) the Pandora Guidelines (Schedule A); your Content must be clearly marked as an advertisement for Pandora and contain the hashtag “advertisement”, “sponsored” or “commercial”; If your Content is a video, your video must also clearly be marked as “Advertising” or “Commercial” and in case videos are presented in line on a media, e.g. as Instagram Stories, you must tag “Advertising” or “Commercial” in each video; to prevent brand confusion, you agree not to include products from other jewelry brands in your Content as well as any eye-catching third party brands; and it must be clear from your Content which products are Pandora products.
TASKS & CHALLENGES
As part of the Pandora Ambassador Program, you may take part in tasks and challenges (“Task(s)”) that we offer our Pandora Ambassadors. In order to complete a Task, you must be in compliance with these Terms and must meet all criteria set out in the relevant Task details.
We have full discretion to reject the Content, if we determine you do not meet the criteria of the Task or our Pandora Guidelines (Schedule A). In such case, will do our best to inform you why the Content did not meet our requirements.
You are not allowed more than one attempt to fulfill a Task at a time, but if we have rejected your submission, you may attempt to fulfill it again.
We are not responsible for any Content that is lost, damaged or delayed in transit, regardless of cause. In the case of the Content being lost, damaged or delayed in transit, you may, at our sole discretion, be able to resubmit it. Pandora will only review a certain number of Contents per day, but all contributions appear in chronological order and we will review the Content as quickly as feasible.
REWARDS As a Pandora Circle Ambassador, you may receive unique rewards when you create compliant content and level up through the Program tiers. The reward(s) will be unlocked once you reach a new tier and will appear from the Program. The Program has two onboarding tiers and three content creation tiers but is subject to our changes. The rewards may include, but are not limited to, receiving a brand ambassador status, receiving Pandora jewelry or a Pandora gift card, a chance to be featured on global owned digital channels or to have a personal ambassador page on our Website, earn early access to new collections etc.
CONTENT Your Content must be accurate, genuine and legal. Your Content must not: be illegal, defamatory, violent, obscene, offensive, hateful or inflammatory; contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; be discriminative based on race, sex, religion, nationality, disability, sexual orientation or age; be likely to deceive, harass, upset, embarrass, alarm, annoy or cause needless anxiety for another person; be likely to cause adverse publicity to Pandora and/or any of its products, such as – but not limited to – acts of moral turpitude including taking illegal substances or committing any criminal or immoral act nor will you publicly criticize Pandora or any of its products; infringe copyright, database right or trade mark of any other person, promote or incite any person to commit or partake in an unlawful or criminal act or post any contribution that contains advertising or promotes any services or third party web links.
OWNERSHIP & USAGE RIGHTS TO CONTENT You continue to retain all ownership rights you hold in your Content, and you retain any right to use your Content in any way you choose, subject to these Terms. By agreeing to these Terms, we may publish your Content and you grant to Pandora a non-exclusive, fully sub-licensable, perpetual, worldwide, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute the Content on Pandora’s Social Media platforms, in our customer e-mails and websites globally (including, but not limited to home pages, product detail and listing pages and collection, campaign and gallery pages) and on screens, displays and other media outlets in physical Pandora stores as well as in any and all media now known or hereinafter developed, without the requirement to make payment to you or to any third party. You agree that your Content may be used by Pandora, or by others under Pandora’s direction, either alone or in conjunction with content from other Pandora Ambassadors or the like and that Pandora may create derivative works of your Content by adding sketches, cartoons, captions, films, artwork, textural matter or other photographs and you recognize that Pandora has the unlimited right to edit, copy, alter, add to, take from, adapt and translate the Content and dub it into one or more foreign languages. You irrevocably grant to Pandora a non-exclusive, worldwide license to use, and to authorize others to use, your names in association with use of the Content.
INTELLECTUAL PROPERTY RIGHTS You acknowledge that all intellectual property rights to Pandora trademarks, logo and slogans and other material used to identify Pandora belong to us. The Pandora name, logo and slogans are the property of Pandora and may not be copied, imitated or used, in whole or in part, without our prior written permission.
AMENDMENT AND REMOVAL RIGHTS Pandora is entitled to request changes to the Content or complete removal of the Content at any time, including after the Content has been posted on the social media channels. The intention is not to alter the creative tone, but changes or removal may be necessary for business or regulatory reasons, or in connection with how Pandora is mentioned or featured. If you do not comply with our request immediately, we can terminate your ambassadorship.
TERMINATION Both you and Pandora may at any time choose to terminate your Ambassadorship with immediate effect. Pandora’s termination can be caused by, but is not limited to, your breach of these Terms or if we deem your behavior contrary to Pandora’s values. You can terminate your Ambassadorship by sending us an email at email@example.com and request termination of your account or go to the Platform’s settings and delete your account.
If we terminate your Ambassadorship you will receive a notice and be excluded from the Program and you will lose the right to receive any unlocked rewards as well as your status level. We will determine, in our discretion, whether your Content breaches these Terms. If you do not comply with any part of these Terms, or any terms or policies to which they refer to, or any applicable law, we may: issue you with a formal warning; prevent, restrict or suspend your access to the Program; use your personal details to email you to find out more, or to share our concerns; immediately remove any Content you have made to the Pandora Website or Social Medias; take further legal action against you; to the extent that we believe it is reasonably necessary, or required by law, we may disclose information to law enforcement authorities; and take any other actions which we deem appropriate.
LIABILITY You represent and warrant that you have made and own the Content (including but not limited to depicted avatars, texts, images and videos) and that there are no other individuals or entities with ownership claims over the Content and that the Content will not infringe the copyright or any other rights of any third party. You further represent and warrant that Pandora’s potential displaying, publishing or posting of the Content, and our use thereof does not and will not violate the data protection and privacy rights of any third party.
INDEMNITY You agree to indemnify and hold Pandora harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following: (a) our use of your Content; (b) your breach or alleged breach of these Terms; (c) your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights and any obligation to obtain the consent of, or grant payment to, a celebrity or public figure if they are in some way featured as part of your Content; or (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
EVENTS OUTSIDE OF PANDORA’s CONTROL Pandora shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control, including, but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; strikes or lock-outs (or other industrial action); national or local states of emergency; interruption or failure of communication or transportation facilities; power or utility issues; non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Pandora A/S); earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and/or the acts, decrees, legislation, regulations or restrictions of any government.
LAW AND VENUE These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them will be governed by and construed in accordance with the laws of Denmark. Each party irrevocably agrees that the City Court of Copenhagen shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms.
CHANGES TO TERMS We may occasionally make changes to these Terms for valid reasons such as changed functionality and development of the Ambassador Program, implementing new technology and ensuring legal compliance with applicable social media advertising, including any guidelines issued by us, any consumer organizations or governmental authorities. When material changes are made, we will notify and/or seek your acceptance as appropriate. If you are notified of changes and you continue to participate in the Pandora Ambassador Program it will be constituted as you accepting the changed terms. If you would like to terminate your Pandora Ambassadorship due to changed terms, please email us at firstname.lastname@example.org and request termination of your account or go to your settings and delete your account.
PANDORA GUIDELINES REGARDING THE USE OF INFLUENCERS FOR ENDORSEMENTS & TESTIMONIALS
The United States Federal Trade Commission (FTC) has issued “Guidelines Regarding the Use of Endorsements & Testimonials in Advertising” (“FTC Guidelines”) that are intended to increase transparency in payments and gifts made to bloggers, influencers, or other endorsers (referred to here as “Influencers”) that help promote a product. Under the FTC Guidelines, Influencers and advertisers such as Pandora are subject to liability for false or unsubstantiated statements, or for failing to disclose material connections between themselves and their endorsers.
Any Influencer who has a “material connection” to Pandora and who creates any article, blog, post, endorsement, testimonial, communication, or other content (“Content”) that (i) discusses Pandora or its products and services, or (ii) is created at the request of Pandora (or its agents), must clearly and conspicuously disclose the material connection to Pandora (discussed in more detail below) as close to the Content as possible when the material connection is not otherwise clear to an audience or is not reasonably presumed or implied. This standard is applicable regardless of the platform and/or devices on which the audience may access the Content.
In order to promote transparency and to comply with the FTC Guidelines and the FTC’s other rules for truthful advertising and disclosures, Pandora has adopted this set of Influencer and Social Media Influencer Guidelines (the “Guidelines”). These Guidelines apply to all individuals and entities engaged in promotional activities on behalf of Pandora online, in blogs and on social media, whether they are engaged by Pandora directly or through an agency, agency representative, subsidiary of an agency, or franchise (“Agency”).
All marketing programs should be reviewed by Pandora or its designated Agency. To assist you in determining whether or not your marketing program on behalf of a Pandora product or on behalf of one of Pandora’s ad sales, promotions or sponsorship posts would be subject to the Guidelines, we have prepared this document highlighting key issues.
Influencer Guidelines. Influencers must clearly and conspicuously disclose any material connections to the product or Pandora or any payment by any advertiser, media company or third party. A “material connection” includes: (i) a business relationship with Pandora (or its agent) that could affect the credibility audiences may give to the statements in the Content; (ii) direct or indirect payment, compensation, or consideration of any kind received from Pandora (or its agents) or third parties; or (iii) free products, discounts, gift bags, gifts cards, samples, prizes, event tickets, sweepstakes entries, travel arrangements, hotel accommodations, marketing opportunities, or any other incentives received from Pandora (or its agents), outside of incentives a Influencer may receive in the ordinary course of the Influencer’s relationship with Pandora as a viewer. If money or other consideration was provided in exchange for the reference to the Pandora product, the Influencer should clearly and conspicuously disclose that fact in the manner described in Section (2), below. If the Influencer was provided with a Pandora product for free or at a discount, any mention the Influencer makes of the product or of Pandora must be accompanied by a clear and conspicuous disclosure that states that Pandora provided the product for free or at a discount. Note that the FTC has said that other types of non-monetary consideration, like sweepstakes entries can be a “material connection” that require disclosure in hashtags and blogs. If Pandora is receiving products from a third party such as an ad sales or IMP PANDORA and decides to reference that third party product on a Pandora website, in a Pandora blog, or in some other Pandora marketing program, the Influencer must clearly and conspicuously disclose the connection between Pandora and the third party seller of the product whenever the connection is not reasonably expected by the audience, including a disclosure that the third party product was received free of charge in exchange for the reference, or that payment or promise of other consideration was provided in exchange for any endorsement.
Influencer disclosures must:
Be located at the beginning, top of or next to any related communication;
Be understandable for the intended audience;
Be obviously visible or audible to anyone who visits the applicable website, platform or service and reads, sees or hears the post or message. In practice, this means:
The disclosure must be prominently presented and easy to understand, in a font, size and format that is easy to see, or (for video/visual disclosures) a volume and speed that is easy to hear;
Consumers must not have to scroll or search to find the disclosure;
For tweets and similar compressed communications, Influencers should describe the relationship in the tweet, either in the text of the communication or by prominently placing #ad, #paid, or #iwork4[brand] within the communication (See Appendix A for examples);
Disclosures may need to be repeated throughout the Influencer’s communication on a particular medium, for example, in every individual post, tweet and comment;
Generally, the disclosure must appear on the face of the communication and not in a hyperlink;
Reveal the product’s typical level of performance or effectiveness; and
Include the name of the specific brand or product as provided by the advertiser or any other person or company with an interest in the Influencer’s communication.
Influencers must only make statements that reflect the Influencer’s honest opinion, findings, beliefs and experiences in relation to a product. If a Influencer makes any claims about a product, even claims that are subtle, implicit or indirect, that Influencer must be able to substantiate those claims with proof.
Influencers should avoid dishonest communications and unsubstantiated claims by following these rules
If the Influencer includes any of the following things in their posting or communication, the Influencer must get prior approval from Pandora or the Agency prior to publishing the communication: Image(s) of any person (including celebrities); Video or photo(s) created by someone other than the Influencer; Music; Pictures or references to the use of alcohol, illegal drugs, tobacco or guns or other weapons or unsafe activities; Sweepstakes, contests or gaming activities; Product demonstrations.
We will ensure that we (or the Agency, if applicable) provide guidance and training to Influencers concerning the need to ensure that statements they make are truthful and substantiated.
We will monitor Influencers who are being paid to promote Pandora products or third-party products and take steps necessary to halt the continued publication of deceptive representations if/when they are published.
Please note that the above Influencer Guidelines are not all-inclusive and are not intended to be a substitute for a Standards or Pandora review. Pandora will periodically monitor its Influencer and social media programs and the Influencers who participate in them. The failure to make proper disclosures or otherwise comply with any of these Guidelines will be deemed unacceptable behavior. Influencers that violate these Influencer Guidelines will first be reminded of the requirements of the Guidelines, and repeat violators will not be asked to participate in future Influencer and social media marketing programs.
Pandora reserves the right to modify these Guidelines at any time. In the event of a dispute as to the interpretation of these Guidelines, Pandora’s interpretation shall be final.
Sample Influencer Disclosures
Reviews in Personal and Editorial/Product Review Blogs, Social Media Posts
I received [product or sample] from Company.
I was paid by Company to review [product or sample]
Company sent me [product or sample].
Influencers should consider posting a “Disclosure and Relationships Statement” section on the blog fully disclosing how they work with Pandora in accepting and reviewing products, and should list any conflicts of interest that may affect credibility.
Microblogs/ Social Media Channels Influencers should include a hash tag notation at the beginning to show sponsorship, payment or free samples, e.g.: #paid #advertisement #promoted #sponsored #Pandorapartner Note: Hashtags that are intended to serve as sweepstakes entries should specifically reflect that, e.g., #sweepstakesentry.
Status Updates on Social Networks
I received [product or sample] from Company.
I was paid by Company to review [product or sample].
Company sent me [product or sample].
If status updates are limited by character restrictions, Influencers should include a hash tag notation of either #advertisement, #sponsored, #promotion or #paid. Disclosures should appear at the beginning of the endorsement or testimonial statement being posted. Influencers should consider posting a full description or link on their profile page directing visitors to a “Disclosure and Relationships Statement.”
Video and Photo Sharing Websites
Include as part of the video/photo content and part of the written description:
I received [product or sample] from Company.
I was paid by Company to review [product or sample].
Company sent me [product or sample].
Influencers should consider posting a full description or a link on their profile page directing people to a “Disclosure and Relationships Statement.”
Podcasts Influencers should include, as part of the audio content and part of the written description: I received [product or sample] from Company. I was paid by Company to review [product or sample]. Company sent me [product or sample].
Providing Comments in Online Discussions I received [product or sample] from Company. I was paid by Company to review [product or sample].