1. Antina van der Veen trading under the name of Bookinfluencers.com, trading under the name of Social Connection, is registered at the Chamber of Commerce under number 60509295 and is established on Dijkerhoekseweg 13 (7451LV) in Holten, in the following referred to as "Mediator";
2. Yourself in the following referred to as "Book influencer"
Mediator and Book influencer in the following also referred to jointly as: "Parties"
- Parties wish to enter into a mediation agreement (in the following: Agreement);
- Book influencer has contacted Mediator so as to carry out the activities described below and that Mediator is able to conduct these activities;
- Mediator brings Book influencer into contact with companies (in the following: Purchaser) in order to bring about an agreement between Bookstagrammers and Purchaser;
- Mediator offers a platform where Purchaser can propose campaigns and Book influencer can accept the relevant campaign on basis of his/her areas of interest.
- Book influencer conducts promotional activities on Social Media for the benefit of Purchaser with regard to the specific campaign.
- Parties exclusively wish to contract with each other on the basis of an Assignment Agreement in the sense of article 7:425 ff. BW (Civil Code).
- Parties choose in such case as may occur to leave inapplicable the fictive employment relationship of homeworkers or equivalent as intended in the articles 2b and 2c of the decree on wage tax 'Uitvoeringsbesluit Loonbelasting 1965' and the articles 1 and 5 of the decree on the definition of employment 'Besluit aanwijzing gevallen waarin arbeidsverhouding als dienstbetrekking wordt beschouwd' (Decree of 24 December 1986, Stb. 1986, 655), and draw up to such effect this Agreement and sign it before payout occurs.
- Mediator is not a party to the assignment agreement between Book influencer and Purchaser, for the implementation of the established activities.
Article 1 - The Agreement
- The Agreement is adopted for an indefinite time and commences on the date on which you agree to the Terms & Conditions for Book Influencers by ticking the checkbox
- Any possible additions to the Agreement are only valid if and to the extent they have been confirmed by both Parties in writing.
- The Agreement can be terminated by sending an email to email@example.com. The processing of the termination may take up to 30 days. Each of the parties has the right to terminate the agreement.
- After termination of this Agreement, the provisions regarding confidentiality and liability remain fully effective.
Article 2 - The mediation assignment
- The description of the mediation is as follows: Mediator offers a platform and works as a mediator to bring about an agreement between Book influencer and a third party, the Purchaser. The purpose of the Mediation Assignment is to bring about an agreement between Book influencer and the third party, the Purchaser. Book influencer hereby grants the assignment and appoints Mediator to operate as an intermediary for the realisation of an agreement between a Purchaser and Book influencer.
- The provision of services of Mediator is only and exclusively directed at the mediation and/or realisation of an agreement and does not regard the implementation of the agreement between Book influencer and Purchaser.
- Mediator is aware of his best-effort obligation and will carry out the Agreement to the best of his understanding and according to the abilities of a diligently acting contractor, with the aid of his platform.
- If a situation of force majeure (temporarily) prevents the implementation of the assignment, Mediator will accordingly inform Book influencer as soon as possible. Mediator will resume his activities as soon as possible.
Article 3 - Granting of an assignment by Purchaser
The Purchaser wishes to make use of the promotional activities of Book influencers on social media with regard to (audio-)books and associated products and services. Purchaser posts a Campaign that the Book influencer can respond to. Book influencer subsequently carries out the established promotional activities with regard to the relevant Purchaser.
Article 4 - Fee and payment
Book influencer receives a fee from Purchaser through Mediator. Payment will take place by using another service than direct bank transfers to keep transfer costs on both ends as low as possible. Mediator uses Wise to pay to the bank account of Book influencer. If Book influencer receives a direct payment from Purchaser, he must accordingly inform Mediator immediately. In the event of compensation in kind, such compensation will be sent directly through Purchaser to Book influencer. Should the Purchaser prefer that the Mediator handle payment(s) to the Book Influencer(s) then the Mediator will add a 20% surcharge to the total fee for the campaign (payable by the Purchaser).
Article 5 - Obligations Mediator
Mediator declares and guarantees that at the time of this Agreement he is operative as an independent entrepreneur. Mediator declares that he has the expertise required to carry out the mediation assignment in autonomy and in the correct manner, by way of the platform provided by him.
Article 6 - Obligations Book influencer
- Book influencer must provide Mediator, whether or not through the Website, with all information required to carry out the relevant Campaign, or to create an account through the website and must publish all information required through the website. In case of incomplete information, Book influencer cannot respond to a Campaign and/or he/she cannot be contacted by Purchasers. Book influencer is responsible himself for the correctness, reliability, and completeness of all data, information, documents, and/or paperwork.
- Book influencer takes full responsibility for the implementation of the Agreement between him/her and Purchaser.
- Book influencer is not authorised to have the Agreement or a part thereof carried out by a third party, in view of the personal character of influencer marketing.
- Book influencer is obliged to observe the policy, the guidelines, or the other rules/instructions of social-media websites, as well as the conditions/requirements established by the Purchaser.
- Book influencer is obligated to display advertising through social media in a manner that can be clearly recognised. When posting advertising, Book influencer must state that he/she receives compensation for the relevant post, if such is the case. Book influencer is obligated to follow applicable law and Advertising Codes and is responsible for any financial claims if advertising does not meet demands.
- Book influencer must make sure that clear terms/hashtags are used, whether or not upon indication of the Purchaser.
- Book influencer must also take into account the differences between the social-media platforms and the target groups and adapt the Campaign to be conducted by him/her to it, whether or not in consultation with the relevant Purchaser.
- Book influencer safeguards Mediator against all claims by third parties that flow from the activities conducted for the benefit of Purchaser, also including, though not limited to, the intellectual property rights to the data and information provided by Book influencer that can be used upon the implementation of the agreement and/or the actions or omissions of Book influencer vis-a-vis third party(/-ies).
- 9. Book influencer safeguards Mediator against any liability pursuant to not or not timely complying with the obligations regarding the timely provisions of all correct, reliable, and complete data, information, documents and/or paperwork.
- Book influencers will communicate any change to relevant information immediately to Mediator. Payment to an incorrect bank account number as a result of the non-transmission of a new or different bank account number (or IBAN-number) is entirely at the expense and risk of Book influencer. Mediator has paid in a liberating fashion, in such case. Mediator can not therefore in such case be obliged to pay again to the new bank account number.
- Book Influencer to ensure that all content posted in relation to the campaign is to remain live for a minimum period of 60 days.
- If the Book Influencer does not fulfill their obligations as set out in this agreement, then the Mediator/Purchaser is entitled to withhold payment and invoice the Book influencer for the cost of any materials provided for the campaign. For the purposes of this clause, If payment to the Book Influencer has been made in advance of the campaign then the Mediator/purchaser is entitled to seek back any payments plus any damages in relation to the none performance.
Article 7 – Independent entrepreneurship Book influencer
- Book influencer is entirely independent upon the implementation of the mediation agreement and carries out his or her activities at own expense and risk. Bookinfluencers.com can nevertheless give advice and instructions to realise an appropriate result for the Purchaser.
- Book influencer can determine his or her working hours independently.
- If third parties, also including the tax office, may assume the position (in the future) that there is not a situation of independent entrepreneurship on the part of Book influencer, then parties commit themselves to modify the relationship existing between them in such a manner and to take the measures required so that the relevant third parties believe independent entrepreneurship does pertain.
- Book influencer is liable for claims from fiscal and/or social-security authorities in the matter of wage and sales taxes and social security contributions and of fines imposed and interest in connection with or flowing from the position of such authorities that, contrary to the express position and intention of parties, the Book influencer supposedly has a (fictive) employment relationship with Bookinfluencers.com and indemnifies Bookinfluencers.com concerning.
Article 8 - Liability
- For everything that is established regarding the liability of Mediator, reference is made to the general conditions of Mediator that form an integral whole with this Agreement and are attached as appendix 1. The general conditions have also been published on www.Bookinfluencers.com.
- In no event is Mediator liable if the Purchaser does not meet the expectations of Book influencer.
- If the carrying out of services by Mediator leads to the liability of Mediator, such liability is limited to the amount that is disbursed by his liability insurance per event per year, though only with regard to the direct damage incurred by Book influencer, unless the damage is the result of the wilful intent or recklessness bordering on intent on the part of Mediator. By direct damage is intended: reasonable costs incurred to mitigate or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the manner of restoral as well as the costs of emergency measures.
- Mediator expressly excludes any liability for consequential damage. Mediator is not liable for consequential damage, indirect damage, business damage, loss of profit and/or losses incurred, missed savings, damage due to operational stagnation, capital losses, delay damage, interest damage, and immaterial damage.
- Book influencer is responsible himself and liable for the implementation of the agreement between him and Purchaser and for all damage flowing therefrom. Book influencer safeguards Mediator against all claims of Purchaser as a result of the implementation of the agreement by Book influencer.
Article 9 - Non-exclusivity
Book influencer is at liberty during and after this agreement to accept and carry out other assignments and/or to join other platforms, whereby he/she can conduct campaigns, as long as this does not damage the implementation of the Campaigns of Purchasers.
Article 10 - General conditions
Article 11 - Contacting Purchasers directly
It is prohibited to Book influencer without the prior written consent of Mediator in any manner to directly or indirectly accept assignments from the Purchasers he/she has come into contact with through Mediator, and/or to conduct campaigns for them as from the moment that Book influencer has registered for the platform of Mediator, during and for a period of a maximum of one year after the end of the Agreement. Upon violation thereof, Book influencer will be terminated as a user of Bookinfluencers.com.
Article 12 - Confidentiality
- Mediator and Book influencer commit themselves to keep secret all confidential information that was obtained in the context of this agreement, whereby is also intended the technical and commercial information that was obtained from the other party during the implementation of this Agreement.
- If Mediator is bound pursuant to a legal provision or a court ruling to (also) provide the confidential information to such third party as is designated by the law or the competent court, and Mediator cannot appeal to privilege and Book influencer does not have the right to rescind the agreement.
- The confidentiality obligations are also imposed by Mediator on third parties to be deployed by Mediator.
- This confidentiality also remains effective after this agreement has ended.
- Upon violation of the confidentiality, Book influencer will be terminated as a user of Bookinfluencers.com.
Article 13 - Final provisions
- This Agreement replaces all earlier Agreements and arrangements that were concluded by Parties and that have an equivalent object.
- The rights and obligations of Book influencer which flow from this Agreement may in no event be transferred.
- If one of the clauses of this Agreement is partially or completely void, all other provisions nevertheless remain applicable, unless what is established in article 3:41 BW (Civil Code) with regard to indivisibility is applicable. A possibly void clause will be modified in conformity with what is established in article 3:42 BW. Parties commit themselves in mutual consultation to replace the void clause by a clause that approximates the economic intention of the annulled clause as closely as possible.
- The circumstance that one of the Parties fails to demand strict compliance with one of the contractual obligations may not be understood as the tacit waiver of the contractual rights that this Party has on account of the present Agreement and does not prevent the latter from subsequently demanding strict compliance still with the relevant provisions or other provisions of this Agreement.
Article 14 - Dispute settlement
- To this Agreement, Netherlands Law is applicable.
- If Parties after arisal of a dispute cannot reach a solution in mutual consultation, the dispute will be submitted to the competent Netherlands court of law in Overijssel, location Almelo.
By ticking the checkbox, you agree to the aforementioned Terms and Conditions in full.
Antina van der Veen
Holten, The Netherlands
September 8 2023