Frontier Developments Influencer Agreement and Terms and Conditions
By accepting and using Frontier Developments Influencer Portal (“Influencer Portal” or “Portal”) you are agreeing (a) to be bound by the Terms and Conditions (the “Agreement”) of this Agreement between Frontier Developments (“Frontier” or “Company”) and you, the user of the Portal (“Influencer”, “You” or “Your”); (b) to the terms of the “Privacy Policy” set out at (LINK) which is incorporated herein by reference; (c) that you have read and understood the terms of this Agreement; and (d) that this Agreement shall constitute the entire agreement between Frontier and Influencer and no other terms or conditions shall apply unless expressly agreed to by Frontier in writing.
1. Term
The term of this Agreement shall commence on the date that Influencer accepts this Agreement by clicking “SUBMIT” (the “Effective Date”) and shall continue unless and until terminated by Frontier or Influencer (the “Term”).
2. Influencer Portal Use
To gain access and use the Portal, the Influencer must: (a) have a valid email address; (b) register using Influencer's real name; (c) provide a list of affiliated social media channels; and (d) have at least one valid social media account to verify Influencer’s identity throughout the Term.
If Influencer is in violation of any terms of this Agreement and any other terms, rules or applicable laws referenced herein, Influencer shall have their account and access to the Influencer Portal removed or suspended in the absolute discretion of Frontier.
In connection with this Agreement and use of the Portal, Influencer shall comply with all applicable laws and guidance, including, without limitation, the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonial in Advertising (as they may be updated) (the “FTC Endorsement Guides”) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (“Cap Code”).
By using the Portal, Influencer shall have access to Frontier’s assets, including but not limited to access to trailers and high quality screenshots of video games (“Frontier Assets”). Influencer may use Frontier’s Materials in Influencer Content, provided that Influencer will promptly remove any content incorporating Frontier’s Assets upon Frontier’s request.
Influencer shall ensure that the Influencer Content: (a) complies with Frontier’s instructions; (b) does not include inappropriate or offensive content (as determined by Frontier in its absolute discretion); and (c) does not infringe the rights of any third party, including Intellectual Property Rights.
The Influencer Portal is not open to individuals or entities where such use is restricted or prohibited by applicable law or in any country disallowed by UK law. Without limitation of the foregoing, the Influencer Portal is not open to individuals or entities in: the Crimea region, Cuba, Eritrea, Guinea-Bissau, Iran, Iraq, Lebanon, Myanmar (Burma), North Korea, Somalia, Sudan, Syria, and Zimbabwe
3. Grant of Rights
Frontier shall retain ownership of materials created or provided by Frontier, including, without limitation, any Frontier Assets, video games, trademarks, logos, or other intellectual property made available to the Influencer for the creation of Influencer Content (“Frontier Materials”).
Ownership of the Influencer Content, excluding Frontier Materials that may be incorporated therein, shall vest in the Influencer provided that Influencer may not use Frontier Materials except as permitted under these terms and any instructions given by Frontier from time to time.
Influencer grants Frontier the royalty-free, worldwide, irrevocable, fully paid-up right and license to use, reproduce, distribute, modify, publicly perform, translate, create derivative works from, publicly display and otherwise exploit the Influencer Content solely for the purpose of advertising and promoting Frontier’s Products in accordance with the terms of this Agreement during the Term.
Upon Termination of this Agreement, Frontier has no obligation to delete or remove any Influencer Content from its social media platforms or on archival portions of its website(s) that contain the Influencer Content.
4. Communication
Frontier shall contact the influencer with information regarding, (a) Frontier’s Video Games and any updates to them; (b) Frontier Assets and any updates to them; (c) Frontier Events; and (d) any other activities.
5. Third Party Websites
The Influencer Portal may include links to third-party websites and you may be redirected to such third-party websites as the user of the Portal. The third-party sites are not under the control of Frontier and Frontier is not responsible for the content of any third-party websites and/or any links contained in the third-party websites. The access to or any other act on such third party links shall be entirely at your risk.
6. Compensation
Neither party has any obligation under or by virtue of this Agreement to purchase from or furnish to the other party any products or services, or to enter into any other agreement, including but not limited to, a service agreement.
Influencer shall not receive compensation for using the Portal or for any activity in connection with its use. Any campaigns and services requiring a fee will be agreed by the parties in writing.
7. Representations/Warranties
Influencer represents and warrants that: (a) Influencer is at least 18 years of age; (b) Influencer has the right to enter into this Agreement; (c) Influencer has not and shall not acquire any social media followers by means of any automated program or similar technique/method, or fraudulent behaviour of any kind, and any representation Influencer has made to Frontier with respect to the number of social media followers Influencer has acquired is truthful and accurate, to the best of Influencer’s knowledge; (d) You will not act in a way that will bring Frontier into disrepute ; and (e) all information provided hereunder by Influencer to Frontier in connection with the Portal (collectively, “Portal Information”) is accurate and complete, and Influencer agrees to keep the Portal Information up-to-date, accurate, and complete.
8. Termination.
Frontier may terminate this Agreement or suspend access to the Influencer Portal at any time and for any reason.
In the event of termination of this Agreement Frontier shall withdraw Influencer’s access to the Portal.
Influencer may request the removal of their account from the Portal at any time by making a request for deletion of their personal data in accordance with the terms of the Privacy Policy. Removal of account details shall result in the termination of this Agreement and access to the Influencer Portal shall cease.
9. Indemnities/Disclaimers
Influencer agrees to indemnify, defend and hold Frontier, and each of their parent, subsidiary, and affiliated corporations and their respective directors, officers, employees, agents, successors and assigns, from and against any and all third party claims, loss, liability, injury, property damage, costs or damages arising from actual or threatened claims or causes of action for: (a) Influencer’s alleged or actual breach of this Agreement; and/or (b) gross negligence or wilful misconduct.
Notwithstanding any other provision hereof, in no event shall frontier or its direct or indirect subsidiaries, controlled affiliates, agents, employees, or representatives be liable to influencer, regardless of the form of action, whether in contract, tort or otherwise, for any lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to this agreement, even if frontier has been advised of the possibility of such damages or liability.
10. Modification
Frontier reserves the right to modify, alter, amend, or update this Agreement at any time in its sole discretion by posting an amended version to influencers.frontier.co.uk/termsandconditions. Any continued use of the Influencer Portal after Frontier posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.
11. Governing Law
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England. The parties consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country and waive any objection they might otherwise have had on the basis of the doctrine of forum non conveniens.
12. Severability
In the event any provision or part of this Agreement is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall be unaffected and shall continue to be valid and enforceable.