Terms of Services — Darren Troy Media

Terms of Services Agreement

Effective: January 5, 2022

Hello and welcome to DTY Media Terms of Service!

These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by DTY Media (as defined below), including without limitation the websites and associated domains of www.darrentroy.com, and on DTY Media web, mobile and other applications.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, and or “agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, advertisers, customers, merchants, and/ or contributors of content.

The Advertiser and The Creator agree as follows:

THE SERVICES

The Advertiser would like the Creator assistance in producing, promoting, and offering the Advertiser’s products via their social media accounts. The Advertiser appoints the Creator as its representative on a non-exclusive, non-employee basis to endorse and promote its services to the target audience. The Advertiser shall provide the necessary content and briefing materials to enable the Creator to perform the content production and influencer marketing services.

This will be done by:

Pre-production, Production and Post-Production: Conceptualizing, creating, and editing high-quality visual and audio content that aligns with the Advertiser’s messaging and goals, ensuring a polished and professional final product for distribution.
Licensing and Usage Rights: The Creator will provide the Advertiser with specified rights to use the content in accordance with the terms outlined in the licensing agreement.
Strategy: Developing a comprehensive content strategy that considers the Advertiser’s target audience, objectives, and overall marketing goals.
Promotion and Distribution: Implementing strategic plans for promoting and distributing content across various social media platforms to maximize visibility, engagement, and reach within the target audience.

REVISIONS:

The Parties acknowledge the potential need for revisions. Two rounds of revisions are included in the scope of services. Subsequent revisions may incur additional charges.

NON-EXCLUSIVE LICENSE AGREEMENT (Paid and Organic Usage)

In this agreement, the Creator grants the Advertiser a non-exclusive worldwide license to utilize the content created for marketing purposes, including display and distribution. While the Advertiser can employ the content for promotional use, the Creator maintains ownership and intellectual property rights, allowing personal use for self-promotion and portfolio. The license is effective for 90-Day from the agreement date and continues unless mutually terminated. Upon termination, the Advertiser ceases the promotional use of the content. It is important to note that this non-exclusive license does not establish a partnership or agency relationship between the parties.

OBJECTIVES:

The objectives of this partnership include, but are not limited to:

Elevating the brand presence and awareness through an influencer/creator campaign.
Maximizing engagement and effectiveness of influencer and creator collaborations.
Ensuring active audience participation and ownership of the campaign, especially among the target demographic.
Leveraging successful influencer marketing strategies employed by renowned brands in similar campaigns.
Proactively address challenges such as shifts in audience behavior and expectations.

MEASURES OF SUCCESS:

Progress toward the outlined objectives will be measured through:

Metrics such as reach, impressions, and engagement rates.
Direct observations and feedback collected from influencers, creators, and the target audience.
Effective anticipation and responsiveness to trends in the influencer marketing landscape.
The establishment of more efficient and effective influencer marketing strategies.
Successful completion of the campaign within the stipulated three-month period.

TIMING:

The estimated timeline for the campaign will be detailed in the proposal. The Creator can commence work within a week of approval.

JOINT ACCOUNTABILITIES:

The Advertiser will be responsible for internal scheduling, providing access to key personnel, administrative support, and access to relevant campaign documentation. The Creator will sign all required confidentiality agreements.

TERMINATION:

In the event of termination, the Advertiser is required to provide the Creator with a 30-day notice before ending the contract before the agreed-upon term. A cancellation fee of 20% on the remaining amounts due for the contract duration will be applicable upon termination.

CONFIDENTIALITY:

Both parties agree to keep confidential any proprietary information, trade secrets, or other sensitive information shared during the collaboration. This includes, but is not limited to, creative concepts, marketing strategies, and any information marked as confidential. The obligation of confidentiality shall continue for a period of two years after the termination of this Agreement.

LIMITATION OF LIABILITY:

The Creator shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Advertiser agrees that, in the event The Creator is determined to be liable for any such loss, Advertiser’s sole remedy against The Creator is limited to a refund of payments made by Advertiser for said Services, less expenses paid to subcontractors or to third parties. The Creator is not responsible for errors which result from faulty or incomplete information supplied to The Creator by Advertiser. Advertisers also agree to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Creator shall not be liable to Advertiser for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.

COMPENSATION, DURATION, AND PAYMENT TERMS:

Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

This Agreement will commence on the effective date first set forth above and will continue for the agreed period approved by the advertiser, and then will continue on a month to month basis unless otherwise terminated by The Creator or Advertiser or unless otherwise agreed to by The Creator and the Advertiser.

The agreed compensation amount, based on the payment processor and denominated in USD, shall be paid in one lump sum to the Creator upon agreement of services as approved by the Advertiser and Creator.

(a) Payment Options: The Advertiser agrees to make payments for services rendered through the Creator’s designated payment processor, including but not limited to Stripe or PayPal, via the Creator’s website payment portal.

You can choose one of the following payment options:

One-Time Payment: Pay the full amount in one lump sum upon the approval of services by the Advertiser.
Installment Payment: Pay 75% of the agreed-upon amount upon agreement, and the remaining balance upon the Advertiser’s approval of the content.

(b) Estimate Inclusions: This estimate is based on the instructions provided by the Advertiser to the Creator and encompasses all production and post-production costs, equipment, contractors, transportation, location, and usage rights.

(c) Project Terms: Once approved, the project is noncancelable but can be rescheduled without a penalty. The work is guaranteed, and an 80% refund of the entire fee is offered if the agreed-upon deliverables are not met.

COMMUNICATIONS

The Advertiser and the Creator shall maintain regular communication throughout the duration of the project to ensure its successful completion. Communication shall primarily occur via email, phone, or video conferencing platforms as agreed upon by both parties. The Creator’s office hours are 8am-8pm Eastern Standard Time. The Creator typically responds to email within 24-48 hours excluding weekends and standard public holidays. The email address to use is darrentroymedia@gmail.com.

ACCEPTANCE:

Questions about the Terms of Service should be sent to us at darrentroymedia@gmail.com