Collaboration Terms and Conditions

Our Barter Collaboration Process: How It Works

Joining forces with Memoriffy is a straightforward and creative journey. Here’s a simple step-by-step look at our collaboration process:

Step 1: Submit Your Interest

  • Start by filling out our online Collaboration Form. This helps us understand your style, audience, and why you'd be a great fit for Memoriffy.

Step 2: The Briefing & Agreement

  • If your profile aligns with our brand, our team will reach out to you directly.
  • We'll discuss the specific campaign details, including deliverables, creative ideas, timelines, and compensation. This will be finalized in a formal brief, as mentioned in our T&Cs (Section 1a).

Step 3: Create & Post Your Content

  • This is where your creativity shines! Produce your unique content based on the agreed-upon brief.
  • Post the video/photo to your social media profile(s), making sure to tag @memoriffy.ig in the caption.

Step 4: Deliver the Original File

  • To allow us to feature your amazing work on our channels, please send us the final, high-resolution original video/photo file.
  • You can send this to us via WhatsApp, or for better quality, through a cloud service like Google Drive or WeTransfer.

Terms & Conditions for Influencer Collaboration

It's crucial to have clear terms and conditions. This is a draft and should be reviewed by a legal professional to ensure it complies with all applicable laws and regulations in your jurisdiction, especially in India.

Memoriffy Influencer Collaboration Agreement - Terms & Conditions

By submitting an application and/or agreeing to collaborate with Memoriffy ("the Company"), the Influencer ("you" or "your") acknowledges that this is a legally binding agreement and agrees to the following terms and conditions:

1. Collaboration Scope & Deliverables a. The specific details of each collaboration, including deliverables (e.g., number of posts, video length, specific hashtags, content themes), timelines, and compensation (if any), will be outlined in a separate, mutually agreed-upon brief or direct communication. b. All content created as part of this collaboration must be original and not infringe upon the intellectual property rights of any third party.

2. Content Rights & Usage a. Grant of Rights: You hereby grant to Memoriffy a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, display, perform, publish, transmit, adapt, modify, re-edit, create derivative works from, and otherwise exploit any and all content (including, but not limited to, videos, images, text, audio, and any other media) created by you for or in connection with this collaboration ("Collaboration Content"). b. Permitted Use: This license includes, but is not limited to, the right for the Company to use the Collaboration Content for: i. Reposting and sharing on the Company's own social media channels (e.g., Instagram, TikTok, YouTube, Facebook, Pinterest, Twitter). ii. Inclusion on the Company's website, e-commerce platform (e.g., WooCommerce), and other digital properties. iii. Use in email marketing campaigns, newsletters, and other promotional communications. iv. Use in paid advertising campaigns across all platforms (e.g., social media ads, Google Ads, display ads). v. Use in print advertisements, brochures, and other offline marketing materials. vi. Re-editing, re-purposing, or combining the Collaboration Content with other content for any marketing, promotional, or commercial purpose. vii. Any other lawful commercial or non-commercial use by the Company. c. No Further Compensation: You acknowledge and agree that, unless otherwise explicitly stated in a separate agreement, the compensation (if any) agreed upon for the initial collaboration covers all uses of the Collaboration Content by the Company as described herein, and no further compensation, royalties, or fees will be due for such uses. d. Waiver of Moral Rights: To the fullest extent permitted by law, you waive any and all moral rights you may have in the Collaboration Content.

3. Disclosure & Compliance a. You agree to clearly and conspicuously disclose your material connection with Memoriffy in all Collaboration Content, in accordance with applicable advertising standards, consumer protection laws, and platform-specific guidelines (e.g., CCPA Guidelines in India). This typically includes using hashtags like #ad, #sponsored, #paidpromotion, #collaboration, or platform-specific disclosure tools. b. You are solely responsible for ensuring your content and conduct comply with all applicable laws, regulations, and platform terms of service.

4. Quality & Brand Representation a. All Collaboration Content must be of high quality, professional, and align with the brand image and values of Memoriffy. b. You agree not to create or share any content that is offensive, defamatory, misleading, illegal, or harmful to the Company's reputation.

5. Non-Delivery or Unsatisfactory Content a. Timely and satisfactory delivery of Collaboration Content is a material term of this agreement. In the event that the agreed-upon Collaboration Content is not delivered by the specified deadline, or if the delivered content does not meet the agreed-upon quality standards or brief, this shall constitute a material breach of this agreement. b. Upon such breach, the Company reserves the right, without prejudice to any other remedies available at law or in equity, to: i. Require the immediate return of any products, samples, or other assets provided to you for the purpose of the collaboration, at your expense. ii. If the product(s) or assets are not returned within [e.g., 7] days of such request, you shall be liable to compensate the Company for the full retail value of the product(s) or assets provided. iii. Withhold any outstanding payment or compensation related to the undelivered or unsatisfactory content. iv. Terminate the specific collaboration or the overall relationship immediately. c. The Company will provide written notice of non-delivery or unsatisfactory content and the required action.

6. Breach of Agreement and Remedies a. Any failure by you to comply with any term or condition of this agreement shall constitute a breach. b. In the event of any breach by you, the Company shall have the right to pursue any and all remedies available under applicable law or in equity, including but not limited to, specific performance, injunctive relief, and recovery of damages, in addition to the specific remedies outlined in Section 5.

7. Confidentiality a. During the course of the collaboration, you may be exposed to confidential or proprietary information of Memoriffy. You agree to keep all such information strictly confidential and not disclose it to any third party.

8. Indemnification a. You agree to indemnify, defend, and hold harmless Memoriffy, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: i. Your breach of these terms and conditions. ii. Any third-party claim that the Collaboration Content infringes or violates their intellectual property rights or other rights. iii. Your failure to comply with applicable laws or regulations, including disclosure requirements.

9. Termination a. Either party may terminate a specific collaboration or the overall relationship at any time with written notice if the other party breaches these terms and conditions. b. Upon termination, the content rights granted to us in Section 2 shall survive.

10. Governing Law & Jurisdiction a. These terms and conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. b. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts located in India.

11. Miscellaneous a. These terms constitute the entire agreement between you and Memoriffy regarding the subject matter herein. b. No waiver of any provision of these terms shall be effective unless in writing and signed by both parties. c. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By proceeding with this collaboration, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, which form a legally binding agreement.

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