GLOBALMEDIAGROUP LTD CREATOR PROMOTION AGREEMENT
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THIS AGREEMENT is made on the
BETWEEN:
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CLIENT
GLOBALMEDIAGROUP LTD, 1 Castle Drive, Chester, CH1 1SL (the "Client")
and shall be withheld in relevance to the laws of the courts of England.
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CREATOR/CONTRACTOR
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BACKGROUND
The Client wishes to engage the Creator to provide the services specified in Schedule 1 (the "Services") subject to the SCROll STOP Creator Fund and the terms and conditions of this Agreement.
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1. SERVICES. ​
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1.1 The Client appoints the Creator as a contractor to provide the Services set out in Schedule 1 in accordance with this Agreement.
1.2 The Creator shall provide the Services with reasonable skill and care and in accordance with the Creator Brief provided by the Client.
1.3 The Creator shall allocate sufficient resources to provide the Services in accordance with the requirements set out in Schedule 1.
1.4 The Creator shall to the best of their ability, meet any performance dates mutually agreed in Schedule 1.
1.5 The Creator shall to the best of their ability, comply with all applicable laws and regulations in providing the Services.
1.6 The Creator shall to the best of their ability, comply with any policies provided by the Client from time to time.
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2. DELIVERABLES.
In connection with the Client’s promotional program with The Brand Partner,
Creator/s shall be responsible for the satisfactory delivery of the following
deliverables (the “Deliverable(s)”) posted to Creator/s accounts
(in addition to any other platform of the Company/Brand) in accordance with the requirements and delivery schedule(s) as further described herein:
2.1 Creator/s social channel/s
3. OBLIGATIONS OF THE CREATOR.
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3.1 The Creator shall comply fully with all instructions, guidance and specifications set out in the Creator Brief provided by the Client.
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3.2 The Creator shall adhere to all requirements in the Creator Brief relating to the Deliverables, including but not limited to:
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(a) Uploading content to the Creator's social media channels in accordance with the Mutually Agreed timing, frequency and duration;
(b) Ensuring any required campaign attribution links are included and remain active for the period specified in the Creator Brief;
(c) Complying with the Client's brand guidelines and requirements regarding content, messaging, visuals, hashtags or other specifications;
(d) Obtaining any necessary clearances, licenses or consents required to share the content;
(e) The Client is Provided with any necessary content usage rights, permissions or reporting, without any additional fees above the agreed amount in this agreement for the term of 1 year from the date of publication.
(f) The creator retains all IPR rights to their content created in this campaign.
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3.3 Any failure by the Creator to fully comply with the Creator Brief shall constitute a material breach of this Agreement.
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3.4 The Creator shall use reasonable efforts to achieve at least 10% of the average number of views on their last 30 videos for the content produced under this Agreement.
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3.5 If the Client requires the Creator to remove any content, the Client shall notify the Creator in writing and the Creator's obligations under this agreement shall be deemed waived for that specific content.
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4. COMPENSATION.
4.1 The Creator/s will charge the Client an agreed value of
This Service value (the "Payment”) shall be agreed via email between both parties and shall be deemed the full value of monies owed, for all serviceable elements stated above (Campaign & Deliverables), taxations, non-exhaustive ownership license,
Link-In- Bio and shall be released in full at the signposted date. This pay value deductible to the value of 25% refund should link-in-bio be removed prematurely or if the approved content is deleted within 6 months. Creator may reinstate their Link-In-Bio within 2 days, and then make up the total allotted time to avoid this penalty.
The Creator must provide live evidence that the video was delisted outside of their control, should the video be delisted outside of their control, within 6 months, to avoid this penalty.
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4.2. The Creator/s must send the campaign invoice to the Company once the Deliverables have been met. Payment will be made within 30 days of the invoice, only after all requirements have been completed. For the avoidance of doubt, the fee described in this Section (4.1) shall be the sole compensation due to the Creator/s under this agreement, unless the client wishes to secure further usage rights, past the point of y1 year from publication.
4.3 The Creator will be responsible for organising and paying all income taxations and liabilities and National Insurance or similar contributions relating to the Payment and the Creator will indemnify the Client in respect of any such payments.
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4.4. All visual content created within the parameters of SCROll STOP's scheduled activity may at times need to be repurposed. This may include though is not limited to; sharing, backlinking, reposting and/or clipping for snippets for the term of 1 year.
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​5. Certain and Acceptance:
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I, the Creator, hereby the undersigned, am completing this Agreement whilst in sound mind, entirely and clearly, without doubt, aware and certain of my clearly outlined responsibilities and liabilities under the terms or requirements.
6. Liability:
The maximum liability of both Parties in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with this Agreement shall in no circumstances exceed the Fee paid or due to the Creator by the Client under this Agreement, save for in relation to a third-party intellectual property infringement claim for which the Parties shall provide a full indemnity.
Nothing in this Agreement shall exclude or limit either Party’s liability for death, personal injury or anything that cannot be excluded or limited as a matter of law.
Both Parties shall indemnify each other against any and all direct and reasonably foreseeable loss, together with all incurred claims, damages, costs and expenses (including reasonable and documented legal and other professional fees) awarded against, or incurred or paid by, the other Party as a result of or in connection with any breach of the warranties set out in this Agreement, negligence of the Parties and any third-party claims.
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