Last updated June 05, 2024

 

VIC MARKETING AND ADVERTISING ADDITIONAL TERMS & CONDITIONS

 

These Additional Terms and Conditions (“Terms”) apply to the marketing and advertising services specified below provided by vicreators.com (“We,” Us,” “Our,” “VIC” or the “Media Company”) to you, the client/advertiser or the agency representing the advertiser, as applicable (“You”, “Your”). These Terms apply as soon as We start acting on Your instructions. These Terms may be incorporated into agreements between You and the Media Company, by reference, including insertion orders (“IO”). In case of any conflict between these Terms and any such agreement, these will take precedence, unless specifically stated otherwise in the IO (or other written agreement(s) signed by both parties). It should be noted that these Terms shall only apply to services that are included in Your media plan or utilized in the execution of Your campaign. Any other service Terms related to services not included in the media plan or utilized to implement the campaign will not be applied.

 

We reserve the right, in Our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the marketing and advertising services after the date such revised Terms are posted.

 

ALL MARKETING AND ADVERTISING SERVICES

 

Payment Terms

We may with Your approval involve external creative agencies and independent creators to assist with Your matter. Unless otherwise specified, We will do so through subcontracting, with VIC remaining as the party to the agreement with You. These invoices will be for Your account and will be included on Our invoices as expenses from third parties.

 

Unless specified otherwise invoices are payable within 30 days from presentation to You and You are responsible for paying them regardless of any arrangements You may have with a third party for payment. In the event of any disagreement with any invoice, please contact Us immediately, otherwise the invoice would be understood as agreeable to You. In the event that We have, on Your instructions, agreed to send an invoice directly to a third party payer for payment, and that third party payer fails to pay by the invoice’s due date, We will then send an invoice to You for the same amount, which must be paid within 14 days.

 

In the event that You fail to make full payment for any amounts owed by You to the Media Company by the due date, We reserve the right to: charge interest at a rate of 7.5% per annum on any invoice that has been unpaid for 60 days or more and hold You responsible for any costs associated with collections, including debt collection fees and legal fees.

 

You agree the Media Company has permission to create and share case studies showcasing the effectiveness of campaigns. If You do not wish for specific information to be featured, please let Us know.

 

MARKETING AND ADVERTISING SERVICES

 

The Terms below will only apply to the services utilized to implement Your campaign or included in Your IO.

 

Custom Executions

  • Production of Your Custom Materials (as defined below) will only be initiated by the Media Company once the final concepts are approved by You, however production will be considered to have been “initiated” either: when You communicate such approval to the Media Company in writing (including, in the form of email correspondence) or when the Media Company incurs production costs for Your campaign, whichever is the earlier date.
  • You acknowledge and accept that once production is initiated, any change requests will incur additional fees in accordance with the rates provided in the rate card by the Media Company.
  • To create Custom Materials, the Media Company may require certain Advertising Materials to be provided. It is Your sole responsibility to obtain all necessary rights and clearances for the use of these Advertising Materials in Your campaign. By providing the Advertising Materials, You grant the Media Company a limited, irrevocable license to use them along with the name, logo, and indicia of the Advertiser (“Advertiser Marks”) for the purpose of providing the Custom Materials.
  • By submitting any Advertising Materials (including, but not limited to, Advertiser products), You confirm and guarantee that they are safe and adhere to all relevant laws, regulations, and rules. You also agree that the Advertising Materials will not infringe upon or violate any common law or other rights.
  • “Custom Materials” encompasses any custom content created or produced by the Media Company related to the campaign including, but not limited to, social content, digital content, marketplace content, video and rich media content, emails and newsletters, content through external creative teams/ independent creators and all other branded contents.

Custom Executions: Refund and Cancellation Policy

  • Once production commences on a Custom Material, all such Custom Material line items are non-cancelable. A refund will not be given under any circumstances and the Media Company shall be entitled to any part thereof that has not yet been paid pursuant to these Terms of the Agreement.

 

Sponsorships

Sponsorships Executions: Refund and Cancellation Policy

  • Sponsorships (e.g., Platforms, Influencer, Re-Launch Packages) are non-cancellable. A refund will not be given under any circumstances and the Media Company shall be entitled to any part thereof that has not yet been paid pursuant to these Terms of the Agreement.

 

Social & Content Distribution

  • Invoices will be issued upon completion of each delivery for social and content distribution services.

Social and Content Distribution: Refund and Cancellation Policy

  • You may terminate the service agreement at any time for any reason. We may terminate the service agreement, and You consent to Our right to terminate, in the event that You fail to make full payment by the due date for amounts invoiced or requested on account of costs. You remain liable for paying any fees and covering any expenses incurred related to services provided before the termination of the agreement, we will not be held accountable for any resulting losses that may occur loss. In the event that for some reason there is a refund to be issued please allow at least three (3) days from the termination of the agreement to process Your refund. Refunds may take (5-7) days from the payment refund issuance date to appear in Your account, depending on Your financial institution. We will notify You by email when Your refund has been processed.

 

Organic Social Media and Digital Services

  • Organic Social Media (community management, content coordination, shop/marketplace management, etc.) and Digital Services (website, email and third party marketplace management, etc.) have no claims or guarantees with regards to views, engagements or actions and the follower count or subscriber list size is subject to change.

Social Media and Digital Services: Cancellation Policy

  • You may terminate the service agreement at any time for any reason. We may terminate the service agreement, and you consent to Our right to terminate, in the event that You fail to make full payment by the due date for amounts invoiced. You remain liable for paying any service fees related to services provided before the termination of the agreement, We will not be held accountable for any resulting losses that may occur loss.