Terms and Conditions for Mediating Poddbuddy's Product

TERMS AND CONDITIONS FOR MEDIATING PODDBUDDY’S PRODUCTS


1 BACKGROUND


1.1 Ljung & Chung Handelsbolag with company registration number 969791 - 5495 (hereinafter: "the Company") sells AirPods covers, mobile accessories and similar items on the websites www.poddbuddy.se and www.poddbuddy.com (hereinafter: the "Website").

1.2 The following terms (hereinafter "the Terms") apply to a natural or legal person (hereinafter: "the Intermediary") who mediates the Company's products to customers on behalf of the Company (hereinafter: "the Cooperation").

1.3 In order to be able to undertake the assignment (see section 2), the Intermediary must accept the Terms and be over 18 years of age. By entering your personal information and accepting the Terms, the Intermediary undertakes to comply with the Terms in their entirety.

1.4 For the purpose of avoiding misunderstandings, the Intermediary, by accepting these Terms, is not employed by the Company and no employment relationship shall be deemed to have arisen between the parties.

2 THE ASSIGNMENT

2.1 The Intermediary shall mediate, market and sell the Company's product range through, among other things, the Intermediary's social media such as Facebook, Instagram, TikTok and other channels on which the Intermediary is located. The Intermediary must use the hashtag #poddbuddy and tag the Company's user account for such mediation and marketing.

2.2 The Intermediary shall receive a personal discount code for their own use as well as the opportunity to freely distribute it to their circle of friends / followers on Instagram.


2.3 During the course of the cooperation, the Intermediary shall always act loyally, honestly and always have the Company’s best interests in mind when undertaking the assignment. If the Intermediary is unsure whether a certain action is in the Company's best interest, the Intermediary shall immediately contact the authorized person at the Company and be advised about the aforementioned action.

2.4 In the event that the Company should give the Intermediary instructions to perform additional services on behalf of the Company that fall outside the scope of the Cooperation, the Intermediary and the Company shall immediately initiate a dialogue about this. Any agreements from the dialogue must be made in writing and shall be seen as a supplement to these Terms.

2.5 The Intermediary has its own obligation to inform its customers and followers on social media that the Assignment is a collaboration with the Company and to comply with other applicable marketing legislation that may arise from time to time.

3 THE COMPANY’S RIGHTS

3.1 For the images, videos or other digital expressions that the Intermediary uses in its mediation and marketing of the Company's products, the Intermediary grants the Company the irrevocable and royalty-free right to use all material on its Website or on its social media (see section 4. Intellectual Property Rights below).

3.2 The Company further receives the irrevocable right to freely communicate the cooperation between the Company and the Intermediary on its Website and its social media.

4 INTELLECTUAL PROPERTY RIGHTS

4.1The Company owns full rights, without limitations, to the products and their associated intellectual property rights.

4.2

All intellectual property rights, including but not limited to images,

videos, sounds, digital expressions, concepts and innovations,

patentable or not, regardless of form, which the Intermediary conveys

within the framework of the Assignment (hereinafter the "Materials")

shall accrue to the Company, or when appropriate, immediately after

they are created, transferred from the Intermediary to the Company

without any additional compensation unless this is expressly stated in

these Terms.

4.3 The Company acquires the right to, without

prior notice to or approval from the Broker, use the Material to, among

other things, change it, make copies of it and communicate it to third

parties, in original or in altered form, with or without naming the

Broker. In addition, the Company shall have the right to modify the

Material or license or otherwise transfer its rights or part thereof, to

a third party.

5 END COOPERATION
5.1 The Company and the Intermediary have the right to terminate the Cooperation immediately, unless otherwise stated in applicable legislation. Notice of such termination shall be given in writing. The discount codes assigned to the Intermediary will be valid until the last day of the collaboration.

5.2 The Company reserves the right to terminate the cooperation with the Intermediary with immediate effect if the Company judge that the Intermediary has acted in violation of the Terms. Reasons to immediately terminate the collaboration also include, but do not exclude, marketing and other dissemination methods that encourage or advocate:

  • violence or threats against a person;
  • bullying and discrimination regarding gender, ethnicity, religion or other belief, disability, sexual orientation or age;
  • slander or insult;
  • incitement to personal injury or property damage;
  • pornographic material or other inappropriate sexual elements;
  • false, incorrect or misleading information about the products;
  • elements that damage the Company's reputation;
  • violation of applicable law;

- other behavior that is contrary to the terms of the social media platform or contrary to the Company's best interests.

5.3 Each party also has the right to terminate the cooperation with immediate effect if a party is considered insolvent, bankrupt, subject to corporate reorganization or composition, liquidated or otherwise unable to pay its debts for the foreseeable future.
6 INDEMNITY
6.1 The Company is not liable for direct, indirect or non-pecuniary damages that the Intermediary has caused to third parties through the Assignment.

6.2 In the event that the Company would be considered liable for damages against third parties caused by the Intermediary, the Company shall only be liable for the damages caused by the Company's instructions which the Intermediary undertook under the Cooperation, and the subsequent damage that it caused the third party which the Company should have realized.
7 FORCE MAJEURE
7.1 The Company is not liable for rights and obligations under this Agreement that are caused by circumstances that the Company could not control such as, but not limited to, general labor dispute, war, fire, lightning, terrorist attack, act of God, amended government regulation, technical problems, faults in electricity / telecommunications / data connections or other communication as well as errors or delays in services from subcontractors due to circumstances stated here. These circumstances shall constitute grounds for exemption which entail exemption from damages and other sanctions.

7.2 Should any such situation arise, the Company shall inform the Intermediary both at the beginning and at the end of the time for the current situation, if possible.
8 AMENDMENTS
8.1 The Company reserves the right to make changes to these Terms from time to time. For changes that significantly change the Terms, the Intermediary will be notified by a written notice from the Company well in advance. By continuing the Assignment, the Intermediary agrees to be bound by the changes. The most recently updated Terms are always available on the Website and the Company recommends that the Intermediary stays updated by visiting the Website on a regular basis to comply with any changes to the Terms.
9 THIRD PARTY
9.1 The Intermediary does not have the right to transfer its rights under these Terms to third parties without the Company's written consent. If the Intermediary intends to transfer its rights under these terms to a third party, the Intermediary should contact the Company for an initial dialogue.

10 TRANSFER OF BUSINESS
10.1 If parts of, or the Company’s operations in its entirety are transferred to a third party that significantly affects the Intermediary’s Assignment, the Intermediary has the right to terminate the Cooperation. In the event of such a transfer, the Company shall notify the Intermediary well in advance in order to arrive at a solution that best serves the interests of both parties.

11 REPRESENTATION AND NOTICES
11.1 For general questions about products, returns, complaints and other customer service related matters, the Intermediary shall refer to the Company at hello@poddbuddy.se or through the Company's registered office address (poddbuddy.com/pages/about-us)
11.2 The Intermediary has no right to conclude agreements, represent, bring an action or in any other way represent the Company vis-à-vis authorities, courts or other third parties.

12 INVALIDITY
12.1 Should a competent court, authority or arbitral tribunal find that any provision of these Terms is invalid or unenforceable, the provision in question and all other provisions shall be valid and enforceable to the extent permitted by applicable law. The provisions that have been declared invalid or that cannot be enforced will be replaced by applicable laws, ordinances and regulations, unless, if possible, otherwise agreed between the Company and the Intermediary.

13 APPLICABLE LAW AND DISPUTE

13.1 Disputes concerning the interpretation or application of these Terms shall in the first instance be resolved in agreement with the Company. Ultimately, the dispute shall be decided by a general court.

13.2 The terms shall be interpreted in accordance with Swedish law, with the exception of the choice of law rules. Place for the dispute shall be Norrköping District Court.


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