Last Updated: November 2021
Supplemental Member Terms and Conditions
Lynk has a wide range of Clients (“Clients”) who are actively looking to engage experts like you. “Lynk” refers to The Straits Network Pte. Ltd., a Singapore company which trades under the brand name “LYNK”, together with its group companies, and the “Lynk Platform” refers to Lynk’s family of product offerings.
By agreeing to these Supplemental Member Terms and Conditions (“Terms”) and completing Lynk’s Member Tutorial, you become a Member of the Lynk Platform and gain access to potential opportunities in relation to your expertise, which may involve, but is not limited to, consulting services, speaker engagements, expert surveys or focus groups, and consultations via the Lynk communications tool (collectively, “Engagements”). Such Engagements may be offered by Lynk to you from time to time through our Platform.
This is a legally binding document between you and Lynk.
These Terms will be a legally binding document between you and Lynk. You must consent to these Terms in order to participate as a Member in the Lynk Network.
As a Member of the Lynk Network, you are expected to adhere to these Terms and all applicable laws in the course of all Engagements. In particular, you will keep confidential the Confidential Information provided to you during any Engagements. You understand and agree that each Client is an intended beneficiary of these Terms and, as a third-party beneficiary of these Terms, has the right to directly enforce your compliance with these Terms.
These Terms may be revised from time to time. Please ensure that you keep yourself updated to these revisions.
Lynk may revise these Terms from time to time. Please note that the revised Terms shall automatically be effective upon posting on our Platform. Your continued access to Lynk and your viewing and accepting of Engagements will indicate your acceptance to be bound by the revised Terms.
1. Your Conduct as a Member
- You must adhere to these general conduct requirements.
- You must keep information provided to you during an Engagement strictly confidential
Generally, you must:
- ensure that you will not disclose, solicit, make available or misappropriate any Confidential Information, including any Confidential Information disclosed to you in the course of your usage of the Lynk Platform or your participation in any Engagement, without obtaining the relevant disclosing party’s prior written permission;
- ensure that you will not provide any services to a Client who you reasonably believe competes with the company that employs you, or on whose board of directors you serve or otherwise subjects you to a non-compete obligation;
- ensure that all information you provide to Lynk or any Client, including your resume and any other information about yourself, is complete, true, accurate, and up to date;
- in relation to any Engagement, make all necessary enquiries to ascertain and ensure you fully understand the Client’s requirements and objectives;
- inform the Client of any matter which may cause any budget or estimate of the fees set out in the Engagement offer to be revised;
- ensure that you will not infringe, misappropriate, or conflict with any intellectual property rights of Lynk, any Client, or any third party;
- ensure that you will not breach any applicable regulatory or professional standard or guidelines;
- comply with any and all applicable laws, regulations or professional codes of conduct.
Specifically, you must:
(A) Meet Lynk’s Supplemental Member Requirement
- Certain opportunities are available to those who accept and adhere to additional specific requirements under these Terms.
- For example, you must review and complete the Member Tutorial, and you must not be legally or contractually restricted from being a member with Lynk.
Prior to your participation in any Engagements, you must ensure that you have reviewed and completed the Member Tutorial at least once within the 12 months preceding the Engagement. The Member Tutorial can be accessed on the platform.
In addition, in connection with potential Engagements, you acknowledge that Lynk may carry out background checks or other screening activities (including background checks through a third party service) in accordance with applicable legal or regulatory obligations, our client requirements and/or our risk management procedures, and hereby consent to such background checks and screening activities.
As a Member, you hereby warrant and represent the following:
- you have not been included on the Excluded Parties List System maintained by the U.S. General Services Administration or the Specially Designated Nationals list maintained by the U.S. Department of Treasury's Office of Foreign Assets Control or any other similar list, domestic or foreign, and if your status shall change with respect to this representation, you shall immediately notify Lynk;
- you have not been the subject of or in any way involved in any lawsuit or investigation by a governmental or regulatory organization relating to, including but not limited to, a violation of the securities law or an accusation of civil or criminal fraud or deceptive practices in any jurisdiction. If at any point in time you become involved in such a lawsuit or investigation, you will immediately notify Lynk, except to the extent you are prohibited by law from providing such notice;
- you are not legally or contractually restricted from serving as a Member and you have obtained all required consents, including from your current employer and any other third party as applicable.
(B)Adhere to Professional Requirements
If you are a professional, there are additional requirements that you must adhere to.
You should at all times not provide any professional advice to Clients. Specifically, you should comply with the following:
- to not discuss any unpublished clinical trial results, patient experience information, or any other information regarding trials which are not yet public;
- to not discuss any governmental legislation, regulation, policy, contracts, or any other business that you, as a government official or employee, would be in a position to vote upon or otherwise influence;
- to not give investment advice, including without limitation, rating or recommendation any security, providing advice as to the value of security, or any investment advice relating to investing, purchasing or selling any security;
- to not give legal advice in connection with the Engagement, and will not establish any lawyer-client relationship with Clients through the Platform or during Engagements;
- to not give accounting or auditing advice, and to not consult about organizations that you or your employer is currently auditing, or have audited in the last three (3) years;
- to not participate in any Engagements if you are an officer, trustee, director, or employee of a company that is subject to an initial public offering, involved in any way in an initial public offering for another entity, or which is the subject of a tender offer; and
- to not provide medical advice.
(C) Declare relationships with governments or listed companies
Notify Lynk if you work at governments, governmental agencies or listed companies.
You are required to inform Lynk if you are (or have been during the past 2 years) an employee or advisor or consultant to any government, governmental department, governmental agency, or to any state entity.
In particular, if you become an elected official, candidate for political office, or employee, officer, or other person acting in an official capacity for any government, government owned/controlled organization, enterprise or entity, public international organization, or political party, or any issuer who has publicly traded securities and is otherwise required to make a public filing regarding such securities with a regulatory authority (including the SEC), you are required to notify Lynk immediately at email@example.com.
(D) Agree to Non-Solicitation
Upon participating in an Engagement, you will not try to contact or solicit the user directly outside of the Lynk Platform.
You agree not to contact or solicit any of the users with which you have engaged in an Engagement, unless such contact is arranged through the Lynk platform. Otherwise, Lynk will not be able to process required checks and payment related to any engagement conducted outside of the Lynk platform.
This requirement applies from the time when you are introduced to a Client until one (1) year from the date of your last Engagement with such Client. It does not apply to the extent that you have a proven pre-existing relationship or association, based on past work performed, or if you are an employee or other service provider to the Client. If you notify Lynk of such pre-existing relationship when a Client is proposed to you, and you do not participate in an Engagement with the Client, Lynk imposes no restrictions with regard to such Client.
2. The Engagement
(A) Scope of Engagement
You may receive offers for Engagements on the Platform from time to time.
From time to time, you may receive Engagement requests via the Lynk platform. You will be notified of the scope and terms. The scope and terms of the Engagement may be negotiable at the Client’s discretion.
Lynk cannot guarantee the number of Engagement offers, nor the type of offers you may receive.
(B) Intellectual Property
We’re providing you notice about our/your respective intellectual property rights.
Subject to contrary written provisions provided in these Terms (including Section 3), ownership of any and all intellectual property arising in the course of or in connection with any Client Engagement shall be governed by the Section 10 (Intellectual Property) of the Platform Terms of Service.
Engagements and offers of Engagements are personal to you and may not be passed on to another party.
All Engagements you receive under these Terms are personal to you and you may not pass on any Engagement or assign any or part of your rights or obligations under an Engagement to another party.
(D) Analysis of Activities and Interactions Data
You may be required to communicate with Lynk or our Clients via our communications tool, or when participating in an integrated service, a communications tools operated by the Client. Such communications may be transcribed or summarized and may be attended by active or silent participants.
Please also note that consultations that take place via Lynk’s communication tool may be attended by Lynk-appointed or Client-appointed representatives or other third parties (such as translators, transcribers and outside legal, financial and accounting advisors) whose presence may be announced or unannounced (i.e. you may not be notified), and may be active participants or silent participants in the consultations(“ Chaperones”). Please note that any such Chaperones will be bound by confidentiality obligations with respect to your and the Client’s Confidential Information that are no less stringent than those that apply to you under the Terms and these Terms.
By agreeing to these Terms, you are consenting to your consultations that take place via Lynk’s communication tool being attended by Chaperones and/or being logged, recorded and retained by Lynk.
If interacting with a Client via a communications tool hosted and/or operated by the Client, including engagements entered into in respect of third party Integrated Services (as defined below), communications and interactions data shall be governed by the terms and conditions required by such Client in respect of the Integrated Service. Prior to participating in any engagement offered on an Integrated Service, you will be required to review, acknowledge and agree to the corresponding third party Client terms and conditions, which may authorize the third party to log, record and retain any communications and interactions data on their platform.
3. Intellectual Property
The following terms and conditions shall apply to Member Content provided by Members to Lynk and/or its Clients via the Lynk Platform. In the event of any conflict between this Section 3 and Section 10 of the Platform Terms of Service, this Section 3 shall control.
(A) Ownership of Member Content
Unless otherwise stated, all Member Content (excluding Promotional Member Content and Pre-Existing Member Content) including Deliverables produced in connection with an Engagement shall be owned by Client.
Unless otherwise stated, all Member Content (excluding Promotional Member Content and Pre-Existing Member Content, as defined in Section 9 of the Lynk Platform Terms of Service) provided by Members via the Lynk Platform shall be considered as content owned exclusively by Client, including all right, title, and interest in such Member Content produced during Engagements, including certain research findings, documents, reports and/or other tangible work product deliverables provided by you pursuant to an Engagement. (“Deliverables”).
(B) License of Member Content
With respect to any Deliverables that include any Promotional Member Content or Pre-Existing Member Content in the Client work product or deliverable, you grant a perpetual, worldwide, and royalty-free licence to such Client in respect of any Promotional Member Content or Pre-Existing Member Content included in the Client work product or deliverable to allow the Client to use such Promotional Member Content, Pre-Existing Member Content and intellectual property related thereto for their commercial purposes.
Payments for Consultations are governed by Platform Payment Terms.
The Platform Payment Terms apply to renumeration for Engagements. It may be found at https://lynk.global/legal/payment-terms. Please note that any Engagement may have additional or alternative policies on renumeration, which will be included in the Engagement request. You can accept or decline Engagement requests at your discretion.
5. Third Party Integrations
5.1. Certain of Lynk’s product offerings may be integrated with third party services and applications offered by Lynk’s Clients, integration partners and service providers (collectively, “Integrated Services”). One example of an Integrated Service is Lynk Direct, which includes technical integration of Lynk’s expert network with the Client’s own online portal in order to promote and offer direct access to a broad range of Lynk expert services via one or more of the Client’s own networks. Integrated Services may also include engagement offerings directly from the Client’s network that are not vetted by either Lynk or the Client. Lynk may also receive a revenue share from Integrated Services that we recommend to you or that you otherwise engage via the Integrated Services.
5.2. If you elect to participate in any consultations involving an Integrated Service, in addition to the obligations under the Platform Terms and these Terms, your use of the Integrated Services will also be governed by the Client’s own terms and policies. In addition, any information that an Integrated Service collects, stores and processes from you while using their services will be subject to such Client’s terms of service, privacy notice, or similar terms. Therefore, please evaluate and ensure you vet any opportunity offered via any Integrated Service prior to accepting any engagement that would require connecting to the Integrated Service.
5.3. In addition, the third party Client is solely responsible for providing all support, maintenance and technical assistance to you with respect to their respective Integrated Service. Lynk does not provide support or guarantee ongoing integration support for such Integrated Services that are not a native part of Lynk’s services. When you access third party sites, you do so at your own risk. The integration of any Integrated Services with any of Lynk’s products shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Integrated Services by Lynk.
5.4. Lynk does not provide or guarantee ongoing integration support for such Integrated Services that are not a native part of Lynk’s services. You further agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Integrated Services. Lynk is not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
6. Other Matters
We may create specific guidelines which govern certain operational matters. These will be posted on the Lynk Platform.
Lynk may set out further guidelines on policies or rules of certain operational aspects of the Lynk Platform or Members’ conduct during Engagements. These will be posted on the Lynk Platform.
The following clauses shall survive any termination or expiration of these Terms: the confidentiality obligations set forth in Clause 1, the professional responsibility obligations set forth in Clause 1B, and the license clause set forth in Clause 3B.
You may choose to terminate your obligations under these Terms by giving us 30 days’ written notice.
You may choose to terminate your obligations under these Terms, by giving Lynk 30 days’ written notice of such intent. Upon receiving such notice, Lynk will not present you with any further offers of Engagements.
Please note that upon terminating your obligations under these Terms, you are still bound by all of your obligations relating to an Engagement which you have accepted before such termination.
In the event that this Agreement is additionally signed in, or is translated into, any language other than English, the English language version shall prevail. Any other documentation provided in connection with this Agreement shall be in English, or there shall be a properly prepared translation into English and the English translation will prevail in the case of any conflict between them.
7. Contact Us
If you have any questions about these Terms, please feel free to contact us at Lynk.
We also welcome and encourage you to provide feedback, comments and suggestions for improving our knowledge sharing platform. As we may receive high volumes of feedbacks, and also depending on the feasibility of the feedbacks, we may or may not respond to or adopt your feedback.
Our contact email is as follows: firstname.lastname@example.org.