PitchBoard Terms and Conditions - Brands / Agencies Jump to creator terms

PitchBoard is a service operated and provided by PitchBoard Media, Inc. of 16192 Coastal Highway, Lewes, Delaware 19958, USA.

These terms and conditions as well as the included privacy policy binds you, the Brand, with us, PitchBoard. We reserve the right to update these terms and conditions and you are responsible for keeping abreast of current terms. If any changes are made to these terms, there will be an update noted at the top of the page for a period of 30 days, but all changes take immediate effect.

Platform Services

PitchBoard provides you with access to its Platform solely for the purpose of viewing Creator profiles, price quotes, posting your campaign details, facilitating communication with Creators with the objective of entering into a Campaign Agreement; and facilitating the transmission of payments from you to the Creator under a Campaign Agreement.

User Account

You will be required to successfully sign up for a user account on the Platform. You shall keep your username and password secure and shall not collect or harvest any personal data of any other user of the Platform. We reserve the right to disable any user account issued to you at any time.

Payments

Payments will be made by you to PitchBoard, who will hold funds in escrow for the Creator until agreed works between Brand and Creator is completed. You must pay for work upfront when the agreement is made before the request for Creator representation will be completed. Refer to our fee guidelines for explanation of fees. We will facilitate all payments between you and the Creator in connection with any campaign agreement and you authorize us to deduct our fees from the payment before sending to Creators. We reserve the right to place a hold on any payment if we believe any breach has been made such as fraud or money laundering, and you understand that we do not act as a trustee in relation to the payments. All payments are non-refundable once paid. In the event of any disputes with Creators, these should be taken up directly with the Creator.

Campaign Agreements with Creators

You will be able to view Creator profiles registered on the Platform. Once you select an Creator you can agree specific terms between yourself and the Creator including the specifics of the role and payment terms. You understand that PitchBoard facilitates the meeting of Creators and Brands, but neither are hired by PitchBoard and all agreements are strictly between Creator and Brand with the exception of the fee due to PitchBoard for each campaign completed. As such you accept that PitchBoard Media does not endorse any Creator or speak for them and the only responsibility that PitchBoard Media has between parties is the transmission of payments between them. Any campaign can be terminated by you at anytime. However, any funds that are held in escrow will not be refunded, and if the Creator delivered any content within the campaign agreement you will be responsible for 100% of the content creation fee plus our fees.

Third Party Websites

The Platform may provide links to third party websites. The content in any linked web site is not under PitchBoard’s control, and if you choose to access any such web site, you do so entirely at your own risk.

Exclusivity

You agree to a one year exclusivity by PitchBoard over the transactions facilitated by parties who meet on this platform. If you enter into an agreement with an Creator you first met on the Platform, outside of the Platform, you are responsible for reporting the existence of any such campaign agreement to PitchBoard and facilitating the payment for services through PitchBoard for a period of 1 year after the first introduction between Brand and Creator. You have 7 days to report any campaign agreement to PitchBoard Meia that is made outside the platform.

Reviews

Any review left by you on the Platform becomes the property of PitchBoard when they are made. We reserve the right to reuse them for advertising purposes across any medium that we see fit.

Content Usage and Ownership Rights

You are not automatically granted any ownership rights over any Content produced by Creators under a Campaign Agreement. Any mention of your Brand or Products does not infer any form of ownership rights. All copyright is owned by the Creators who produced the content.

Any content produced for you by Creators under a Campaign Agreement, is not automatically commercially available to you for usage on other platforms, media and advertising materials. The Content should not be used without prior permission from the Creator. Reposting Content onto your own social media networks is generally accepted but you should always credit the Creator and avoid editing the original Content. Commercial usage rights can be negotiated with the Creator for which additional costs may apply.

For the purposes of making Campaign Agreements and supplying Creators with materials to assist with the collaboration, you agree to only upload to the Platform content including text, images, videos, logos, and documents; to which you hold usage or ownership rights.

Material Connection Disclosure

In order to comply with the Federal Trade Commission guidelines (or the relevant body in your country of residence), any material connection between the Brand and the Creator must be clearly disclosed. This includes free merchandise or use of products or services. Any disclosure must be made in the same medium as the campaign itself, such as on Twitter if it’s a Twitter campaign or on YouTube if it’s a YouTube campaign, and must be clearly described. Refer to our disclosure guidelines for more details.

Disclaimer and Limitation of Liability

Use of the Platform is solely at your own risk. We will not be liable for any virus which might infect any device through the download of any content on the Platform. While we endeavour to keep the site working 24/7 we might have to shut down for maintenance at times but will ensure that it is for the least possible time and will be advertised a week in advance where possible. You indemnify and hold harmless PitchBoard from any occurrence arising from use of the platform or from the performance of any Creator. PitchBoard will not be liable for any adverse comments or reviews left by third parties in relation to content arranged via the Platform, within any campaign, website or social media account.

Unlawful and Prohibited Use

You agree to use this site only for the purpose outlined in the terms and conditions. You are strictly prohibited from using the site for any purpose other than that which is explained as the service of PitchBoard, i.e. for the purpose of creating legitimate campaign agreements with Creators. Refer to our prohibited list of topics for more details.

Term and Termination

You must comply with all terms and conditions ongoing and we may terminate or suspend your Platform access at any time due to any breach of this agreement. Any funds held in escrow or already paid out to Creators will not be returned. You can cancel your account any time by sending an email to support@pitchboard.co. After your account is cancelled by either party you will still be bound to the terms and conditions which you agreed to including limitation of liability, dispute resolution, warranty disclaimers, content status, outstanding payments and ownership provisions. All campaign agreements will be subject to the payment and cancellation provisions outlined in each campaign agreement.

Acceptance and Jurisdiction

Use of the platform constitutes complete acceptance of all terms in full. These terms are governed by the laws of the United States or United Kingdom, but any dispute arising from these terms and conditions can be heard in any jurisdiction.

PitchBoard Terms and Conditions - Creators

PitchBoard is a service operated and provided by PitchBoard Media, Inc. of 16192 Coastal Highway, Lewes, Delaware 19958, USA.

These terms and conditions and privacy policy bind you the user with PitchBoard. We reserve the right to update these terms and conditions and you are responsible for keeping abreast of current terms. If any changes are made to these terms there will be an update noted at the top of the page for a period of 30 days but all changes take immediate effect.

Platform Services

PitchBoard provides you with access to its Platform solely for the purpose of viewing brand profiles, submitting price quotes, facilitating communication with Brands with the objective of entering into a Campaign Agreement; and facilitating the transmission of payments from the Brand to the Creator under a Campaign Agreement.

Relationship and Taxation

Your relationship with PitchBoard is that of an independent contractor, and you are not an employee, partner, legal representative, agent, or franchisee of PitchBoard. You are not entitled to employee benefits of any kind. You are responsible for paying your own income taxes in your own country of residence for any income derived from use of the Platform.

Payment

Payments will be collected from the Brand by PitchBoard. We will hold the funds in escrow until the completion of the work by Creator. Once work is completed, funds will be released to the Creator minus the portion due to PitchBoard for agreed services. We facilitate all payments between you and the Brand in connection with any Campaign Agreement and you authorize PitchBoard to deduct the fee from payment before the remainder is sent to you. We reserve the right to place a hold on any payment if we believe any breach has been made such as fraud or money laundering, and you understand that we do not act as a trustee in relation to the payment.

Campaign Agreements with Brands

You understand that PitchBoard facilitates the meeting of Creators and Brands, but neither are hired by PitchBoard and all agreements are strictly between Creator and Brand with the exception of the fee due to PitchBoard for each campaign completed. As such you accept that PitchBoard does not endorse any Brand or speak for them and the only responsibility that PitchBoard has between parties is the transmission of payments between them.

User Account

You will be required to successfully sign up for a user account on the Platform. You shall keep your username and password secure and shall not collect or harvest any personal data of any other user of the Platform. We reserve the right to disable any user account issued to you at any time.

Third Party Websites

The Platform may provide links to third party websites. The content in any linked web site is not under PitchBoard’s control, and if you choose to access any such web site, you do so entirely at your own risk. PitchBoard may ask you to link your PitchBoard User Account to a third party social networking, email or content service such as Instagram, YouTube, Google, or Twitter. By granting access to us, you represent that you are entitled to disclose your third-party account login information to us without breach by you of any of the terms and conditions that govern your use of the applicable site. By granting PitchBoard access to any third-party sites, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible that you have provided to and/or stored in your third-party account so that it is available on the PitchBoard Platform. You have the ability to disable the connection between your PitchBoard Account and your third-party accounts at any time by accessing the “Settings” section. However, disabling such connections may limit your use of the Platform.

Exclusivity

You agree to a one year exclusivity by PitchBoard over the transactions facilitated by parties who meet on this platform. You understand that you have an obligation to inform PitchBoard of all campaign agreements entered into between yourself and any Brand whom you met on this platform for a period of 1 year after the first campaign agreement has been made. You understand this obligation stands whether the future campaign agreements are agreed on the platform or not, if they happen within 1 year of the first campaign being agreed.

Reviews

Any review left by you on the PitchBoard platform becomes the property of PitchBoard when they are made. We reserve the right to reuse them for advertising purposes across any medium that we see fit.

Content Usage and Ownership Rights

Brands are not automatically granted any ownership rights over any Content produced by you under a Campaign Agreement. All copyright is retained by you.

Any content produced by you for Brands under a Campaign Agreement, is not automatically commercially available to Brands for usage on other platforms, media and advertising materials. The Content should not be used without your prior permission. Brands are however entitled to repost Content onto their own social media networks as long as they credit you and do not edit the original content in any significant way. Commercial usage rights can be negotiated with the Brand for which you are entitled to charge additional fees.

Material Connection Disclosure

In order to comply with the Federal Trade Commission guidelines (or the relevant body in your country of residence), you must clearly acknowledge any material connection between the Brand and the Creator. This includes free merchandise or use of products or services. Any disclosure must be made in the same medium as the campaign itself, such as on Twitter if it’s a Twitter campaign or on YouTube if it’s a YouTube campaign, and must be clearly described. Refer to our disclosure guide for more details.

Disclaimer and Limitation of Liability

Use of the Platform is solely at your own risk. We will not be liable for any virus which might infect any device through the download of any content on the site. You indemnify and hold harmless PitchBoard from any occurrence arising from use of the platform or from the performance of any Brand. PitchBoard will not be liable for any comments or reviews made by any party and in particular any third party, within any campaign, website or social media account.

Live Content

You agree to keep any content arranged via a Campaign Agreement on the Platform live for a period of at least one year starting from the commencement of the content within any specific campaign.

Unlawful and Prohibited Use

You agree to use this site only for the purpose outlined in the terms and conditions. You are strictly prohibited from using the site for any purpose other than that which is explained as the service of PitchBoard, i.e. for the purpose of creating legitimate campaign agreements with Brands. Refer to our list of prohibited topics for more details.

Term and Termination

PitchBoard reserves the right to terminate your access to the Platform and use of any services at our sole discretion and without notice to you. You can cancel your account any time by sending an email to support@pitchboard.co. After your account is cancelled by either party you will still be bound to the terms and conditions which you agreed to including limitation of liability, dispute resolution, warranty disclaimers, content status, outstanding payments and ownership provisions. All campaign agreements will be subject to the payment and cancellation provisions outlined in each campaign agreement.

Acceptance and Jurisdiction

Use of the Platform constitutes complete acceptance of all terms in full. These terms are governed by the laws of the United States or United Kingdom, but any dispute arising from these terms and conditions can be heard in any jurisdiction.