TERMS AND CONDITIONS FOR MEDIATING PODDBUDDY’S PRODUCTS
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
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.
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
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.
5.2 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.
6.2 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.
7.2 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.
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 firstname.lastname@example.org 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.
12.1 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.