Terms & Conditions

Last updated: June 28, 2023 

  

Welcome to WeR1!   

  

WeR1 is an influencer agency where you can buy, share, and earn with your favorite brands and products through your online influence. We want all who visit our site and use our Products to have a good experience. (Products include our website, our mobile app, etc.) These User Terms and Conditions form a legally binding contract between you and WeR1. By using WeR1 Products, you agree to the following Terms and Conditions—our rules for helping everyone have the best experience possible. If you do not agree with these terms, do not use WeR1 Products.   

  

Be aware that these Terms and Conditions do not create any partnership, joint venture, employment, or franchise relationship between you and WeR1. If you are interested in Selling through WeR1, you must also understand and agree to our Seller Policy.  

  

Your Account  

 To use our Products, you will need to create an account. By creating an account, you agree to the following terms:   

  

  

Use of WeR1 Products  

By using WeR1 Products, you affirm that you understand and agree to the following terms. When using WeR1:  

 

Non-Circumvention

By agreeing to these terms, you acknowledge and agree that you shall not, directly or indirectly, independently engage, contract, or transact business with brands featured on WeR1 for the purposes of referrals, promotions, or any other activities covered by this agreement without the involvement and facilitation of the WeR1 platform. You shall not attempt to circumvent, exclude, or bypass WeR1 in any interactions with brands, influencers, or other users of the platform.

Any such attempt to circumvent WeR1 shall be considered a material breach of this agreement, and WeR1 reserves the right to take appropriate legal action to enforce its rights, including seeking damages resulting from such circumvention.

This non-circumvention clause is intended to protect the business interests and relationships fostered by WeR1 and to ensure the fair and transparent operation of the platform.

  

Content  

In using WeR1, you will have various opportunities to create content. Content that you produce includes (but is not limited to) reviews, comments, photos, profile pictures, descriptions on your profile, and messages to Sellers. You are responsible for the content that is posted or uploaded on your account.   

  

To ensure a good experience for all WeR1 members, there are certain types of content we do not want posted on WeR1 Products. By using our Products, you agree to not produce content that is hateful, abusive, threatening, vulgar, obscene, false, misleading, or deceptive in any way.  

  

WeR1 is committed to protecting intellectual property rights. If we are made aware that you uploaded or posted content that infringes upon another’s intellectual property, we will take appropriate action. This may include disabling your account temporarily or terminating your account if you repeatedly use or infringe upon other’s intellectual property. We will notify you of these changes should any of that happen. Contact WeR1 if any content that you own or have rights to that has been posted without your permission.   

  

If you are a Seller, see our Seller Policy for additional information on Our Standards.  

  

Privacy 

Your Privacy 

  

We are committed to protecting your privacy and personal information and will not share or sell your personal information to third parties. Please see our Seller Policy for full details. If you are planning to sell through WeR1, read both the Privacy Policy and Seller Policy to understand your responsibilities regarding buyer personal information. If you disagree with the Privacy Policy and our collection and use of information, please do not use WeR1 Products.  

 

Privacy of your network  

 

Influencers earning 1Cash through wave distributions will see the “waves” they influence.  We will not disclose this network of waves to other WeR1 users.  

 

  

 

Earning 1Cash  

Influencers can earn 1Cash through social media. Here, an influencer is anyone who shares a link to a product on WeR1. When that link is clicked on to visit the product page and a sale is made, influencers earn 1Cash. WeR1 has a “No Purchase Necessary” policy, meaning influencers are not required to purchase a product before sharing the link to its product page on WeR1. However, those who do not purchase the product and share a link must abide by the following steps: Please contact customer service at [email protected].  Entry must include in subject line: “Applying for a Campaign” and include your username and email address of your WeR1 account, as well as the campaign you want to join.  Please include at least 1 paragraph of the success you have had using the brands product, and why you want to recommend it.   

 

As stated in our Seller Policy, you will need to submit additional information – including financial information to receive your 1Cash.   

  

In the United States, where WeR1 operates, influencers must abide by the Federal Trade Commission (FTC) Disclosure of Material Connection. This is required when the material connection (such as payment, a free product or service, or a sponsorship) would affect the credibility of the influencer’s endorsement (for example, the endorsement would only be positive because the influencer benefits) or when the audience would not expect it because there is no obvious connection to the Brand.   

  

To earn 1Cash, Influencers must abide by the following rules:  

  

  

If you are outside the United States, similar laws may apply. Residents of Canada should be aware of the Competition Act under the Competition Bureau and its penalties for violating influencer regulations. If you are in the United Kingdom, be aware of social media influencer regulations released by the Advertising Standards Authority (ASA), Committee of Advertising Practice (CAP), and the Competition and Markets Authority (CMA). As an influencer, you are responsible for understanding the laws of your country of residence and using your social media influence accordingly.   

  

 

 

 

401(k) Exclusion Policy  

When you earn 1Cash, you understand that WeR1 does not and is not responsible for offering you a 401(k) plan as you are not a WeR1 employee.  

  

 

Case Policy   

 WeR1 does not represent Brands that may sell through WeR1 Products. If you have an issue with a product, we ask that you contact the Seller directly first to resolve that issue. If the Seller does not respond or does not resolve the issue, you can open a case with WeR1.  

  

A case can be opened if the item arrives and is not as described or shown on the Seller’s shop, or if it is not delivered due to the Seller’s actions. The Buyer must provide a photo for an item that is claimed to be not as described or as shown on the Seller’s shop. Examples might include an item(s) that is/are  

  

  

The Seller must ship a purchased item within a reasonable timeframe or to meet a promised delivery date. However, a case cannot be opened if the item is damaged, not delivered, or delivered late due to third-party shipping as neither the Seller nor WeR1 are at fault.   

  

Cases will be resolved when one or all of the following conditions apply: 

  

  1. The buyer is issued a refund.  
  2. The buyer closes the case.  
  3. If the case was open due to non-delivery and the Seller provides evidence that the item was shipped in a timely manner to the buyer’s address.  

  

For more information on Seller’s responsibilities, see our Seller Policy 

  

Disputes with Others  

When an issue arises concerning a product or interaction with a Seller or other WeR1 member, follow the steps above listed in our Case Policy. We will do all we can to help you resolve any issues regarding our policies. However, we are not obligated to resolve disputes you have with other WeR1 members or a third party. By using WeR1 Products, (i) you are to fully release WeR1 from any losses, claims, damages, or demands that arise from disputes with other members or parties, and (ii) you agree to indemnify and hold WeR1 harmless from any claims or demands made against WeR1 by other members or other third parties resulting from your actions or inactions.    

  

Disputes with WeR1  

Whether you are a Seller or buyer, if you have a dispute with us, please contact us first, and we will do our best to resolve the issue. If disputes cannot be resolved through our customer service, please see our policies for proceeding below.   

  

Governing Law  

These Terms and Conditions are governed by the laws of the United States. If you live outside the United States, you may be protected by the mandatory consumer protections laws of your local consumer protection law.        

  

If you are experiencing an issue with us, please reach out and we will work to resolve the issue. However, if the issue cannot be resolved, the following rules will govern any legal dispute regarding WeR1 and its Products.  

  

Arbitration   

By using our services, you agree to resolve all disputes with WeR1 through binding individual arbitration. This means disputes are handled by an arbitrator and not decided by a judge or jury. You waive any right to participate in class action lawsuits, class arbitrations, or representative actions. (Class arbitrations will only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitrator.) The arbitration will be administered by the American Arbitration Association, or the “AAA”, under its Consumer Arbitration Rules, or "AAA Rules", then in effect, unless otherwise required by law. Each party has the right to bring an action to a court that has proper jurisdiction after the final decision of the arbitration or mediator.   

  

Instead of arbitration, you can also assert your claims in small claims court if your case qualifies. Your case must also only advance on an individual basis (non-class and non-representative). The Federal Arbitration Act (“FAA”) and governing laws will determine the interpretation and enforcement of these Terms and Conditions.   

  

AAA Consumer Arbitration Rules will determine payments for any reasonable AAA filing, including administrative and arbitrator fees.  

  

Limitation of Liability  

When you use WeR1 Products, you agree not to hold WeR1 liable for the following:  

  

Purchased Items and Use of Items  

 When you purchase an item on WeR1 Products, you acknowledge that you are not purchasing an item from WeR1. Items that are posted on and sold through WeR1 Products are from independent Sellers. If you have an issue with the item, reach out to the Seller or open a Case with WeR1 as described above.   

  

WeR1 is not responsible for any consequences that come with the use of the item. If your use or misuse of an item leads to personal injury or damage to the item, you agree to not hold WeR1 liable and you further agree to fully indemnify and hold WeR1 harmless from any such product liability claims arising from your products you sold through WeR1.  You further agree and acknowledge that WeR1 is not, and shall not, be claimed to be part of the “chain of distribution” for product liability purposes.    

  

Third Party Websites or Services  

Content from Sellers and WeR1 members may include links to third-party websites, services, social media pages, or other online marketplaces. You understand that these are not controlled or influenced by WeR1. Many of these websites and services will have their own Terms and Conditions that you agree to abide by, and it is your responsibility to be aware of them. Similarly, you access WeR1 Products by using a device such as a mobile phone, and these are also not associated with WeR1.   

  

Content and Interacting with Members  

As a WeR1 member, you can share content through your profile, by leaving a review, or sending a message. We care about your experience, which is why we ask all WeR1 members to abide by Our Standards. However, any content posted by a member does not reflect WeR1, and we do not take ownership of any posted content. WeR1 is not responsible for the legality, accuracy copyright compliance, or compliance to our standards of any content posted by members that you access through our Products. You release WeR1 from all liability relating to member content.   

  

WeR1 is also not responsible for your interaction with other individuals through WeR1. While members can open Cases in response to damaged or undelivered products, and WeR1 will terminate an account when certain rules are violated (see below), understand that we do not screen users of our Products. You release WeR1 from all liability relating to your interactions with other users. Use good judgment and caution in all your interactions with others on WeR1 or any service. For example, it isn’t always a good idea to agree meeting someone in person that you meet online.    

  

Indemnification  

In the rare event that WeR1 is sued due to your actions, use or misuse of WeR1 Products, breach of these Terms or Conditions, or infringement of someone else’s rights, you agree to indemnify WeR1. This means you will defend us and hold WeR1 harmless (including employees, affiliates, and subsidiaries) from any legal claim or demand, including reasonable legal fees and all costs. 

  

We reserve the right to manage our legal defense as we see fit. This includes when you indemnify us, in which case you agree to cooperate with us.  

  

 

 

Changes to User Terms and Conditions  

We will notify you of any substantive changes to our Terms and Conditions 30 days before they become effective. By continuing to use WeR1 Products, you agree with all updates. If you disagree with any changes to our terms, you may send WeR1 a written notification or terminate your account before changes become effective.   

  

Disputes Regarding Changes   

As with all changes and modifications to our Terms, you will be notified and can choose to accept the changes or reject them by terminating your account. If you reject the updated Terms and have a dispute with WeR1, you agree to arbitration of the dispute in accordance with our Disputes Policy, including any changes made prior to the rejection. If we make any modifications to the Disputes Policy after the date you last accepted the Terms including continual use of our Products after you have been notified of changes, those modifications will not apply to any claims filed in a legal proceeding against WeR1 before the date the changes became effective. If you terminate your account and then re-open it, you agree to the current version of these Terms and Conditions.   

  

Termination of Your Account   

Your account’s termination can happen in two ways: by us or by you. You may terminate your account any time through your account’s settings. If you terminate your account, content you have created and posted (such as comments, reviews, or uploaded photos) will remain on WeR1 Products. Be aware that you may lose other information associated with your account.  

  

We may suspend or terminate your account if we have reason to believe you have violated these Terms and Conditions using WeR1 Products. If we do, you will no longer be able to log in to your WeR1 account. If your account is terminated, you understand that you do not have any legal or contractual right to continue to use our Products. Unless you have violated our Terms repeatedly, or we have legal or policy reasons not to, we will notify you of any change to your account.  

  

WeR1 reserves the right to discontinue, suspend, or change its Products and how you interact with them. By using our Products, you understand WeR1 is not liable for the effect of any change or discontinuation of our Products.   

  

These Terms and Conditions remain in effect after your account is terminated.    

  

Other Legal Matters  

  

These Terms and Conditions supersede any other agreement you may have with WeR1. If any part of the Terms is unenforceable, that part will be limited to the minimum extent necessary, and the Terms will remain in full effect otherwise. If we do not immediately enforce any part of these Terms, you recognize that we reserve the right to later enforce that or any part of the Terms.   

  

Questions About Terms and Conditions   

  

If you have any questions about these Terms & Conditions, contact customer support at [email protected].