Non-Circumvention Policy

PLEASE REVIEW OUR NON-CIRCUMVENTION POLICY IN FULL. BY CREATING AN ACCOUNT ON OUR PLATFORM AND UTILIZING OUR SERVICES, YOU LEGALLY AGREE TO THESE TERMS. CAPITALIZED TERMS USED HERE HAVE THE SAME DEFINITIONS PROVIDED IN THE TERMS OF SERVICE, UNLESS OTHERWISE DEFINED IN THIS POLICY. THIS NON-CIRCUMVENTION POLICY IS FULLY INCORPORATED INTO OUR TERMS OF SERVICE.

We dedicate substantial resources to deliver our Platform and services, facilitating connections between Clients and Consultants. It is strictly prohibited for you to establish side agreements, exchange payments outside our Platform, or engage in activities that could be viewed as competitive with Marketer Collective involving any user outside our Platform.

Throughout your use of our Platform and for a period of two (2) years thereafter from the time you are introduced to a User on our Platform, you are prohibited from entering into any business transactions, agreements, or offers for employment with any User outside our Platform for Consulting Services that are provided on our Platform. Clients are not permitted to make direct payments to Consultants, and Consultants must refrain from accepting any direct payments for services provided to Clients. If a User is found to be making or accepting payments outside the Service to any User found through the Service, we will terminate their access to and use of the Platform. We will also enforce all available legal remedies, including inspecting a User’s books and records.

Buyout: Clients have the option to directly engage or employ a Consultant outside the Platform by paying Marketer Collective a buyout fee (the “Buyout Fee”). This fee is equal to the lesser of £20,000 or 15% of the projected first-year full-time salary that will be paid to the Consultant by the Client. If a GC Consultant is hired by the Client on a part-time basis, the projected part-time salary will be proportionately calculated to a full-time salary, and the Buyout Fee will be determined accordingly. If the Consultant is hired as an independent contractor, the projected remuneration will be proportionately calculated to full-time remuneration, and the Buyout Fee will be determined accordingly. The Client must inform Marketer Collective in writing before employing or engaging the Consultant and must pay the Buyout Fee within three (3) days of providing such notice. The Client also agrees to grant Marketer Collective the right to inspect the Client’s books and records to verify the remuneration paid to the Consultant by the Client for the first year. If this remuneration exceeds the amount used to calculate the Buyout Fee, the Client must pay Marketer Collective the difference within 30 days of the one-year anniversary of the Buyout Fee payment.

Books and Records: Throughout your use of our Platform and for a period of two (2) years thereafter, both Clients and Consultants must maintain comprehensive and accurate books and records. These records should be sufficient to verify compliance or non-compliance with this Non-Circumvention Policy. If Marketer Collective has reason to believe that any User is in violation of this Non-Circumvention Policy, Marketer Collective will provide written notice, giving thirty (30) days for the intent to inspect such books and records. You agree to furnish Marketer Collective with all relevant records and cooperate reasonably to verify the accuracy of amounts owed and charged under this Agreement.

Remedies for Violation of this Section: You acknowledge and agree that any violation of the disintermediation provisions outlined above, whether during the term or within two years after the termination of this Agreement, will result in irreparable harm to Marketer Collective. In the event of a violation or threat of violation of these provisions, at any time during this Agreement or thereafter, Marketer Collective has the right to enforce these terms through injunctive relief, in addition to monetary damages and other available legal remedies. You also agree to cover Marketer Collective’s costs associated with pursuing any enforcement, whether judicial or otherwise, of this Agreement, including attorney’s fees and costs.