Organization Partnership Program Terms & Conditions
These terms and conditions (hereinafter referred to as the “Organization Terms”) apply to Clubs or Organizations that agree to use the HeyGroup app (the “App”) in return for payment as outlined below. This agreement is between the Organization (“You”) and HeyGroup LLC (“HeyGroup” or “us”). By participating in HeyGroup’s Organization Partnership Program, you accept to the following Organization Terms.
1. Organization Partnership Program
The Organization Partnership Program (OPP) is run by HeyGroup to incentivize use of the HeyGroup App by clubs and student groups to drive an increase in active monthly users and for HeyGroup to learn more about how the App solves pain points of communicating and organizing events. As part of this OPP, HeyGroup will contact you for feedback on how our app is working for your group and may ask for your users to share reviews of the app on the Apple AppStore.
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2. Compensation
For your participation in HeyGroup’s OPP you will receive compensation detailed as follows:
After signing the agreement, HeyGroup will make a one-time payment within 30 days after a minimum of 15 Monthly Active Users (MAU) has been achieved for a month, and will be based on the number of Monthly Active Users. You will be paid compensation of $5 per Monthly Active User (MAU) who is in your group. Payment will be made via a prepaid debit card to the Organization or Club. The Monthly Active User period must be within 90 days of signing this contract. ​A Monthly Active User is defined as a unique user who has been active in the app as follows - either created a group, created or responded to an event, posted a chat, or posted or paid an expense, who has used the app for at least 4 days, 20 minutes total, within 28 days.
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3. Duration and Termination
These Organization Terms are effective upon signing this contract and shall continue until you reach your one-time goal under the Organization Partnership Program, the program expires or HeyGroup notifies you that you are no longer part of the Organization Program.​
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4. Use of Content and Intellectual Property
We are happy if you decide to create additional content promoting HeyGroup for your organizational social media, which might include photography, video clips, written text, dialogue, or any other creative expression. Other than the HeyGroup content that we provide or our name and logo, you agree that all content created is original, or is used with full permission of the owner of the rights, so that use of the content (either by you or by us) will not violate anyone’s intellectual property rights or rights of publicity or privacy. You agree that the HeyGroup content will remain ours, and we agree that your content will remain yours.
Use of your content. HeyGroup has the limited irrevocable right to use and display your name, image, and content created under the Organization Partnership Program in perpetuity on our own social media accounts, webpages, in other marketing materials, or use for our business records so long as attribution is provided to you. You must comply with the following in connection with your posts if you upload images, write comments, or texts or interact with the HeyGroup community:
· Always upload only your own photos and with the full consent of additional people in the photo.
· Never get “fake” likes and interactions from purchased Instagram providers.
· Follow the law. No sexual content, child abuse, drugs, weapons, violence.
· Keep a sober tone and show respect for HeyGroup's brand.
· Do not spread “misleading information”.
Use of HeyGroup materials. HeyGroup grants you a limited, sublicensable, nonexclusive, revocable, worldwide license to use, reproduce, modify, create derivative works of, distribute, and digitally display HeyGroup’s name and logo only to the extent necessary to perform the services under the Organization Partnership Program and only in a manner that has been approved by HeyGroup. You will follow any usage guidelines provided by HeyGroup. In the event HeyGroup determines in its sole discretion that any use by you violates HeyGroup guidelines or places HeyGroup or related businesses in an unfavorable light, you will cease any such use of content immediately if requested by HeyGroup.
Goodwill. You recognize that your reputation and goodwill are essential to our brand. If, at any point during or after the OPP, you become involved in or associated with any crime or scandal, or any situation that would cause our association with you to have a negative impact on HeyGroup, you agree to promptly remove any posts or content related to HeyGroup from any sites or accounts you control, at our request.
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5. Compliance with Laws
You and HeyGroup agree to comply with all applicable laws, rules, and regulations in the course of fulfilling yours and our obligations under these Organization Terms. You acknowledge and agree that you shall comply with the following requirements:
All content and postings by you under the OPP will be in full compliance with:
· all the rules of the platform that they are posted on (for example Instagram);
· U.S. law, regulation, and the requirements of all applicable governmental agencies, including but not limited to, FTC Guidelines concerning the use of endorsements and testimonials in advertising; and
· best practices for disclosure of your relationship with us, even where there may be space limitations.
You will ensure the disclosures are clear, prominent, and in close proximity to the content. You agree to be responsible for understanding and abiding by the most up-to-date version of any applicable rules, regulations, or guidelines.
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6. Confidentiality
You and HeyGroup agree to keep these Organization Terms, its contents, and communications in furtherance of these Organization Terms strictly confidential (“Confidential Information”). Neither you or HeyGroup shall share or use the Confidential Information for any purposes other than to fulfill yours or our obligations under these Organization Terms. Unauthorized disclosure by one party of the other party’s Confidential Information will give rise to irreparable injury to the other party inadequately compensable in damages. Accordingly, the parties agree the non-disclosing party shall be entitled to injunctive relief against the breach or threatened breach, in addition to any other legal remedies which may be available.​
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7. Liability
You are solely responsible for any violation of platform rules (such as Instagram's rules and guidelines) as well as applicable law. HeyGroup shall not be liable for such violations, and any fine, compensation, or similar cost arising from your non-compliance with applicable rules and guidelines will be imposed solely on you, including fines and damages claims that may be directed to HeyGroup.
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8. General Provisions
Independent Contractor. For all purposes of these Organization terms, you are an independent contractor and not an employee, partner, joint venture, or agent of HeyGroup. You are solely responsible for all taxes and withholdings in connection with any compensation provided by HeyGroup.
Governing law and venue. These Organization Terms are exclusively governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of laws provisions thereof. The parties consent to the exclusive jurisdiction and venue of the state and federal courts in California.
Survival. Any provision and any other right or obligation of the parties in these Organization Terms that, by its nature, should survive termination of these Organization Terms, will survive any such termination.