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Terms of Service

Chapter 1: General Provisions

Article 1 (Purpose)

These terms and conditions regulate the rights, obligations, and responsibilities of members (hereinafter referred to as “Advertisers or Members” as defined in Article 2) who use the Buzzpang service (hereinafter referred to as “Service”) provided by Buzzpang USA. (hereinafter referred to as “Agency”). These terms aim to protect customer rights and define service scope.

Article 2 (Definitions)

  • ‘Site’ refers to Buzzpang.com.
  • ‘Service’ refers to digital marketing services provided by the Agency, including AI automation, lead generation, influencer marketing, B2B marketing, social media digital marketing, paid advertising, and website development.
  • ‘Member’ refers to influencers or content creators who agree to these terms and enter into a contract with the Agency to use the Service.
  • ‘Advertiser’ refers to businesses, brands, or individuals in a contractual relationship with the Agency who use the Agency’s services for:
    • Influencer Marketing – The Agency acts as an intermediary to connect Advertisers with influencers on platforms such as YouTube, TikTok, and Instagram.
    • Paid Advertising – The Agency fully manages digital advertising campaigns, including Google Ads, Google Local Service Ads (LSA), and Facebook Ads.
  • ‘Campaign’ refers to marketing activities conducted through the Agency’s Service.
  • ‘Content’ refers to marketing material, including influencer-generated posts, ads, and other promotional media.

Article 3 (Effectiveness, Application, and Changes to Terms)

  • The Agency posts these terms on the site for easy reference by members.
  • The Agency may modify these terms within the scope of relevant laws and regulations.
  • When terms are modified, the Agency announces the changes and effective date on the site.
  • If members do not explicitly reject the application of modified terms, they are deemed to have agreed to the modified terms.

Chapter 2: Advertiser Responsibilities & Obligations

Article 4 – Advertiser Responsibilities & Obligations

Article 4.1 – Influencer Marketing Services

4.1.4 Product Shipment & Compensation:

  • Advertisers must provide products free of charge (or provide services for non-shipping services) to influencers selected by the Agency.
  • Advertisers are responsible for handling shipping logistics, including any product damage or losses.
  • If advertisers cannot provide products or services within the campaign schedule, they must notify the Agency and influencers in advance.

Article 4.2 – Paid Advertising Services

4.1.1 Role of the Agency:

  • The Agency connects Advertisers with influencers and manages negotiations, contracts, and deliverables.
  • The Agency does not control the final creative content produced by influencers but ensures the agreed deliverables are met.
  • The Agency is not responsible for influencer behavior, performance, or compliance once content is published.

4.1.2 Advertiser Responsibilities:

The Advertiser agrees to cooperate with the Agency in good faith and fulfill the following responsibilities to ensure timely, compliant, and effective execution of marketing services. The Advertiser’s obligations include, but are not limited to:

  • Campaign Objectives and Brand Guidelines
    Advertiser must provide clear campaign objectives, target audience insights, product or service details, and relevant brand guidelines (e.g., logos, messaging, color schemes) necessary for campaign execution.
  • Platform and Tool Access
    Advertiser shall grant the Agency appropriate and timely access to all relevant platforms, including but not limited to Google Ads, Meta Business Manager, Google Business Profile, website CMS, chatbot tools, analytics dashboards, and email accounts.
  • Influencer Review and Selection
    Advertiser must review and approve all influencer candidates before campaign activation. The Advertiser is also responsible for reviewing influencer content prior to publication, if such prior review is agreed upon in the Scope of Work.
  • Approval of Deliverables
    Advertiser must review and approve all creative materials, influencer content, ad copies, landing pages, and chatbot scripts submitted by the Agency within a commercially reasonable time frame (typically within 3–5 business days).
  • Funding of Advertising Spend
    Advertiser agrees to provide sufficient and timely funds to cover media buying and platform advertising costs, including but not limited to Google Ads, Facebook Ads, and Google Local Services Ads.
  • Lead Follow-Up and Sales Fulfillment
    Advertiser is solely responsible for responding to and nurturing leads generated by the campaign, fulfilling customer orders or inquiries, and ensuring internal sales processes are in place to convert opportunities into revenue.
  • Information Accuracy
    Advertiser shall provide current, complete, and accurate information regarding products, services, business policies, and customer offerings to be used in marketing communications.
  • Regulatory Compliance
    Advertiser remains ultimately responsible for ensuring that all advertising claims, influencer disclosures, website content, chatbot interactions, and data collection practices comply with applicable local, national, and international laws and regulations.
  • Point of Contact and Communication
    Advertiser must designate a primary point of contact and maintain consistent communication with the Agency for decisions, updates, and feedback throughout the campaign period.
  • Hosting, Domain, and Third-Party Tools
    When applicable, Advertiser shall provide access to or cover the costs associated with domain names, hosting services, and any necessary third-party plugins, licenses, or platforms required to execute the contracted services.
  • Confidentiality and Intellectual Property
    Advertiser agrees not to disclose or misuse any confidential materials, strategies, templates, or tools provided by the Agency and shall respect the Agency’s intellectual property rights at all times.
  • Timely Payment of Fees and VAT
    Advertiser agrees to pay all Agency service fees, commissions, and applicable taxes (including VAT, where applicable) as invoiced, according to the payment terms outlined in this Agreement.
  • Campaign Feedback and Review Participation
    Advertiser shall participate in performance reviews or provide feedback on campaign reports to help the Agency refine strategies and optimize outcomes.
  • Responsibility for Final Compliance
    While the Agency may advise on advertising best practices and compliance, the Advertiser retains ultimate responsibility for all final content approvals and any resulting regulatory or legal exposure.

4.1.3 Liability & Disputes:

  • If an influencer fails to deliver, the Agency will facilitate a resolution but is not liable for damages beyond service fees.
  • The Agency does not guarantee engagement levels, audience reach, or conversion rates from influencer campaigns.

4.2.1 Role of the Agency:

  • The Agency creates, manages, and optimizes ad campaigns on Google Ads, Local Service Ads (LSA), and Facebook Ads.
  • The Agency handles ad strategy, creative production, targeting, bidding, and reporting.
  • The Agency ensures compliance with Google and Facebook ad policies.

4.2.2 Advertiser Responsibilities:

  • Advertisers must prepay ad budgets before campaign launch.
  • Advertisers must provide accurate business information and required legal documentation.
  • If an industry requires special certifications or approvals (e.g., financial services, healthcare, legal ads), Advertisers must supply proof of compliance.

4.2.3 Performance & No-Guarantee Clause:

  • The Agency does not guarantee specific results (e.g., conversions, leads, sales).
  • Ad performance depends on market conditions, platform algorithms, audience behavior, and budget allocation.

4.2.4 Liability for Account Suspension & Compliance:

  • The Agency ensures ads comply with Google and Facebook policies, but is not liable for ad disapprovals or account suspensions imposed by these platforms.
  • If an account is suspended due to advertiser policy violations (e.g., misleading claims, unauthorized services), the Advertiser is solely responsible for appeals and account reinstatement.

4.2.5 Ad Budget & Refund Policy:

  • Ad spend is non-refundable once ads are launched, unless a refund is issued by Google or Facebook.
  • Campaigns can be paused or modified, but unused ad spend will follow platform refund policies.

Article 4.3 – Email & SMS Communication

From time to time, the Agency may communicate with you via various channels, including email and SMS, to provide information relevant to your account and our services. SMS messages may include, but are not limited to:

  • Appointment or consultation reminders
  • Campaign updates and milestone notifications
  • Billing and payment alerts
  • Service or feature changes
  • Account verification or security notifications
  • Client support and issue resolution
  • Promotional offers, events, or webinars
  • Updates to our Privacy Policy or Terms of Service

You may cancel SMS communications at any time by texting STOP to our shortcode. Upon receiving your STOP request, we will send a confirmation SMS and you will no longer receive further messages. To re-enroll, sign up again as you did initially and we will resume SMS communications.

If you experience any issues with the messaging program, reply with the keyword HELP for more assistance, or contact us directly at allen.yi@buzzpang.com or (307) 417-5200. Please note that mobile carriers are not liable for delayed or undelivered messages.

Standard message and data rates may apply for SMS messages sent to you by us and messages you send to us. Message frequency may vary. For questions regarding your text or data plan, please contact your wireless provider.

For privacy-related inquiries, please refer to our Privacy Policy.

Chapter 3: Advertising Law, Prohibited Activities & Indemnification

Article 5 – Display Advertising Law & Compliance

Advertisers and Members must comply with all relevant advertising regulations, including but not limited to:

  • Including ‘Sponsored’ or ‘Ad’ disclosures on paid promotional content as required by platform policies (Google, Facebook, Instagram, YouTube, TikTok, etc.).
  • Complying with the Federal Trade Commission (FTC) guidelines on transparency in advertising.
  • Disclosing any economic compensation received from Advertisers for influencer content or paid promotions.
  • Not modifying or removing required disclosures (e.g., ‘Sponsored’ tags) as instructed by the Agency or regulatory bodies.

Article 6 – Prohibited Activities

Advertisers may not:

  • Submit false, misleading, or deceptive campaign materials.
  • Use influencer content outside the agreed campaign without prior written consent.
  • Provide illegal, fraudulent, or non-compliant advertising materials.
  • Attempt to bypass platform policies using third-party techniques.

Article 7 – Indemnification Clause

Copyright & Usage Rights (Influencer Content)

  • Copyright of influencer-generated content belongs to the respective influencer.
  • The Agency retains the right to use influencer content for marketing, case studies, and promotional purposes for a period of two (2) years unless otherwise agreed.
  • Advertisers must obtain the Agency’s approval before repurposing influencer-generated content beyond the campaign scope. Advertisers agree to indemnify and hold harmless the Agency from claims, liabilities, damages, or losses arising from:
  • Misrepresentation or illegal marketing claims made in paid advertisements.
  • Influencer disputes over content rights, performance, or compensation.
  • Ad account suspensions due to advertiser violations.

Chapter 4: Data Collection, External Platform Terms & Other Provisions

Article 8 – Collection, Storage, and Use of SNS Data

  • With member consent, the Agency may collect, store, and use members’ SNS data (Blog, Instagram, YouTube, TikTok, LinkedIn, etc.) for:
    • Influencer selection for campaign execution and content registration
    • Providing client introduction profiles and campaign performance reports
    • Generating SNS statistics reports for members
  • Data collected is limited to public data provided by each SNS platform.
  • The Agency collects SNS data via API connections where applicable, including:
    • YouTube API, TikTok API, Facebook API, Instagram API, and LinkedIn API.

Article 9 – Agreement to External Platform Policies

When Members post content on YouTube, TikTok, Instagram, Facebook, LinkedIn, or any other external social media platform as part of a campaign, they are deemed to have agreed to the terms and policies of the respective platform. Members are responsible for compliance with these policies, which may include but are not limited to:

The Agency complies with the policies set forth by these external platforms but is not responsible for any penalties, suspensions, or disputes arising from Members’ non-compliance with platform-specific terms.

Article 10 (Jurisdiction and Governing Law)

  • These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
  • Disputes related to these terms will be resolved in the Agency’s jurisdictional court.

Article 11 (Revision History)

Effective Date of these Terms: April 15, 2025