BRAND COLLABORATION AGREEMENT
This Brand Collaboration Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), by and between:
[Party A], a corporation ("Creator"), and
[Party B], a corporation ("Brand").
The Brand engages the Creator to create the content described in this Agreement, and the Creator agrees to create it, on these terms.
1. Campaign. The Creator will create content for [campaign] (the "Campaign") for use on [platforms]. The deliverables are [deliverables].
2. Creating and posting. Making the content, posting it, and allowing ads are three separate duties. The Creator will make the deliverables in a style consistent with the Creator's usual content and the Campaign brief. The Creator will post the content on the platforms named above, on a date the Parties agree. The Brand will not run paid ads with the content unless the Parties agree in writing. A license for organic use, if any, does not include ads. The Creator does not promise a number of views, clicks, or sales.
3. Disclosures. When the Creator posts the content, the Creator will follow the advertising disclosure rules that apply, including a clear statement that the content is a paid or gifted collaboration. The Brand will not ask the Creator to hide that relationship.
4. Usage license. The Creator keeps the copyright. The Creator grants the Brand a license to use the delivered content for the Campaign, on the platforms named above, in the territory described in the brief, or in the United States if the brief names none, for 6 months from first delivery. This Agreement is not exclusive. The Creator may work with other brands.
5. Takedown. After the usage term, if the Creator posted the content and the Brand asks in writing, the Creator will take that post down within a reasonable time. The Brand will stop using the content in new placements after the term. Copies already sent out do not have to be recalled.
6. Music. Third-party music is not included unless it is cleared for the Brand's use. The Creator will not deliver content that depends on music the Brand cannot use.
7. Compensation. The Brand will provide [fee or gifted product]. If the compensation is a product, the Brand will send it as the Parties describe. A gifted product is the Creator's to keep once the deliverables are accepted, unless the Parties agreed it was only lent for filming.
8. Governing Law. This Agreement is governed by the laws of Delaware, without regard to conflict of laws principles. Any legal suit, action, or proceeding relating to this Agreement must be instituted in the state or federal courts located in Delaware, and each Party irrevocably submits to the exclusive jurisdiction of those courts.
9. General. This Agreement is the entire agreement on its subject. It may be amended only in a writing signed by the Parties, and it may be signed in counterparts, including electronic copies. If a part is unenforceable, the rest stays in effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Creator: [Party A]
By: ________________________________
Name: [Signatory]
Title: [Title]
Brand: [Party B]
By: ________________________________
Name: [Signatory]
Title: [Title]