Welcome to Marketer Collective
Welcome to Marketer Collective, a website accessible at www.joinrevup.com, which may encompass managed subdomains, collectively referred to as the “Site.” This platform is operated by Marketer Collective Solutions, Inc., hereinafter referred to as “Marketer Collective,” “us,” “our,” and “we.” Marketer Collective provides the Site and the services available through the Site, including an online marketplace that facilitates connections between businesses and freelance marketing experts, referred to as the “Platform.”
Terms of Service
These Terms of Service, in conjunction with our Dispute Procedures, Non-Circumvention Policy, Work Order Terms, and Community Guidelines, collectively referred to as the “Terms,” establish the legally binding conditions governing your use of the Services. By accessing or utilizing the Services, you are indicating your acceptance of these Terms. Additionally, you confirm and warrant that you possess the necessary rights, authority, and capacity to enter into these Terms. If you do not agree with all the provisions outlined in these Terms, please refrain from accessing and/or using the Services. It’s important to note that you may not access or use the Services or accept the Terms if you are under the age of 18.
Privacy Policy
The Company values the privacy of its users. Please refer to our Privacy Policy (https://www.joinrevup.com/privacy-policy), which explains our practices regarding the collection, usage, and disclosure of information related to your privacy. When you access or use the Service, you are signifying your agreement to this Privacy Policy.
Types of Users
In these Terms, “The User,” “You,” and “Your” pertain to individuals, companies, or organizations, including any employees of such entities, who have visited or are using the Site and/or the Service. The classification of a User as a Client, Consultant, both, or neither depends on the specific context in which they utilize these Terms.
“Consultant” refers to users of the Platform, whether they are individuals or businesses that offer freelance marketing services to Clients (“Consulting Services”). It is important to note that Consultants are not considered employees or agents of Marketer Collective.
“Client” refers to users of the Platform, whether they are individuals or businesses that request and/or purchase Consulting Services from a Consultant.
Creating Your Account: To access specific features of our Services, you must complete the registration process and create an account with us (referred to as “your Account”). During registration, you must provide accurate and truthful information as prompted by the registration form. You represent and warrant that: (a) all necessary registration information you submit is honest and precise; (b) you will ensure the ongoing accuracy of this information. If you wish to delete your Account at any time, for any reason, you can do so by sending an email to contact@marketercollective.co. We reserve the right to suspend or terminate your Account in accordance with our Terms and Termination policy.
Account Responsibilities: It is your responsibility to maintain the confidentiality of your Account login information. You are fully accountable for all activities conducted under your Account. You agree to promptly inform us of any unauthorized use or suspected unauthorized use of your Account or any other security breach. We are not liable for any loss or damage resulting from your failure to adhere to the above requirements.
How Our Platform Operates
Marketer Collective operates as an online Platform that grants Clients access to a virtual community of Consultants for collaboration and communication between Consultants and Users seeking Consulting Services. Clients initiate the process by posting a proposed project with specifications using a Work Order on the Platform. Through the Platform, Consultants can submit bids for the Work Order. The Client may accept the Consultant’s proposal, or the parties can negotiate mutually agreeable terms and form a legally binding agreement. All Work Orders are governed by our Work Order Terms, accessible here: https://www.joinrevup.com/work-order-terms. It is important to note that our Work Order Terms are provided to facilitate collaboration between Clients and Consultants and should not be construed as legal advice.
Your Relationship with Marketer Collective
Marketer Collective does not provide consulting services but serves as a platform that provides Clients with access to Consultants. It offers a convenient place to manage the relationship between Clients and Consultants and facilitates online payment and the delivery of Consulting Services.
Marketer Collective’s Non-Involvement in Contracts: It is essential to understand that the consulting relationship exists exclusively between the Client and the Consultant, and the Client pays the Consultant for Consulting Services. Consultants are not considered employees or agents of Marketer Collective. Marketer Collective is not involved in agreements between Users or in the representation of Users. At no point can Marketer Collective be held liable for the actions or omissions of any Consultant performing Consulting Services for Clients or for any breach of obligations by Clients.
No Guarantees by Marketer Collective: Marketer Collective takes pride in making high-quality Consultants available to our Clients. However, while we make reasonable efforts to vet Consultants on our Platform, we cannot guarantee their suitability for a Client’s specific needs or the quality, accuracy, and timeliness of Consulting Services provided to Clients. Marketer Collective does not control the delivery of Consulting Services and does not endorse statements made by Consultants on the Platform. We encourage Clients to research Consultants before accepting professional advice.
Payment to Consultants: Marketer Collective does not provide or charge for consulting-related services. Instead, we facilitate the collection of payments to Consultants. For the use of our Platform, Marketer Collective may charge a transaction fee for each facilitated order. Any changes in the transaction fee will be communicated to Consultants.
Reviews: From time to time, Clients may submit reviews of Consultants. These reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of future matters. Marketer Collective holds no responsibility or liability for any User Content (defined below) or advice encountered on or through the Platform. Any use or reliance on User Content or advice is solely at your own risk.
Payment Terms and Transactions
Payment Process: Payments for Consulting Services will be processed according to the schedule outlined in the Work Order and the Work Order Terms. Marketer Collective reserves the right to charge the Client’s credit card, bank account, or PayPal account for the full amount of the agreed-upon fee, in addition to any processing fees imposed by Marketer Collective, if applicable. Any modifications to our pricing or payment terms will take effect in the billing cycle following notice of such changes, as provided in these Terms. All payments are handled through Marketer Collective’s Platform to ensure transaction security and facilitate dispute resolution procedures.
Payment Information; Taxes: All information provided by the Client in connection with a purchase, transaction, or any other monetary interaction with the Services must be accurate, complete, and up-to-date. The Client agrees to cover all charges incurred by users of their credit card, debit card, or other payment methods used in connection with purchases, transactions, or other monetary interactions with the Services, at the prices in effect when such charges are incurred. The Client will also bear any applicable taxes, if any, related to such purchases, transactions, or monetary interactions.
Responsibility for Payment: The Client is responsible for all fees, including taxes, associated with their use of the Service. It is the Client’s responsibility to provide valid payment information. The Client must maintain up-to-date payment information with Marketer Collective, and their account must have sufficient funds to cover the cost of any services rendered. By accepting these terms, the Client grants Marketer Collective permission to charge their on-file credit card, PayPal account, or other approved payment methods for authorized fees.
Notification of Payment: Marketer Collective will send the Client a receipt via email once their card has been charged. If the Client’s card cannot be charged, access to the Services may be suspended, and the Client will need to update their card information to resume usage. Marketer Collective may terminate a Client’s Account if the Client fails to make any payments owed to a Consultant for Consulting Services performed on the Platform.
Chargebacks: The Client acknowledges that Marketer Collective has a dispute resolution process in place for addressing any disputes related to the services provided. In the event of a dispute concerning a payment transaction, the Client should contact Marketer Collective’s billing department. If, at any time, the Client contacts their bank or credit card company to dispute a charge (“Chargeback”), this action will be considered a breach of their payment obligations, and Marketer Collective reserves the right to automatically terminate the Client’s use of the Services. Marketer Collective also reserves the right to dispute any Chargeback and take reasonable action to authorize the transaction. If a Chargeback occurs, the Client’s Account may be terminated, and any files, data, or content within the Account may be subject to cancellation. Marketer Collective will not be held liable for any loss of files, data, or content resulting from a Chargeback. In addition to other available remedies, the Client must promptly pay Marketer Collective for amounts owed under this Agreement, including interest on the outstanding amount, as allowed by applicable law, along with attorneys’ fees and other collection costs to the extent permitted by applicable law, upon demand.
Consultants
Consultants are Independent Professionals: Consultants are autonomous professionals who offer to provide Consulting Services to potential Clients. They are not considered employees of Marketer Collective.
Consultant Responsibilities: Consultants are solely responsible for ensuring that all information, solicitations, advertisements, and any other content they post on the Platform, including User Content, as well as any communications with prospective clients via the Platform, comply fully with all applicable laws. Consultants are obligated to possess the necessary rights and licenses for any work created for a Client.
Payments to Consultants: Marketer Collective facilitates the payment process from Clients to Consultants through a third-party payment provider. Consequently, Marketer Collective charges a transaction fee for each payment conducted through the Platform (referred to as “the transaction fee” or simply “fee”). Consultants are responsible for determining the price of any Consulting Services offered through the Platform and should factor in the Marketer Collective transaction fee when setting their prices. It is also the Consultants’ responsibility to keep their Accounts and profiles up-to-date with valid payment details. Consultants should be aware that there may be a delay of several days or weeks between when a payment is collected on the Platform and when it is transferred to the Consultant’s bank account. In cases where a Client submits a Dispute Notice (defined in our Dispute Procedures), Marketer Collective may hold the funds until the dispute is resolved. If a Client fails to pay an invoice on a weekly basis, the Consultant should halt all work for that Client until payment is received. It’s important to note that Marketer Collective is not liable to the Consultant in cases where a Client fails to make payments for Consulting Services, and the Consultant agrees not to hold Marketer Collective responsible for any breach of payment obligations by a Client.
Independent Contractor Status: Consultants are considered independent contractors and bear the responsibility of tracking all income earned on the Platform, reporting their income to the IRS, and paying taxes as required. Taxes will not be withheld from payments made to Consultants, and neither Clients nor Marketer Collective are obligated to provide Consultants with a 1099 or any other tax-related documentation. Consultants will perform Consulting Services as independent contractors, and nothing in these Terms will establish a partnership, joint venture, agency, or employer-employee relationship between Marketer Collective and any Consultants or Clients. Marketer Collective bears no liability towards Consultants or Clients in the event that a legal or other determination is made by a federal, state, or local agency or authority regarding the employment status of Consultants or Clients.
Site Content
Informational and Educational Content: Our Site may contain informational and educational content. All content on our Site is intended for informational and educational purposes only, is of a general nature, and should not be relied upon by visitors to the Site for making decisions. Should you choose to use the information provided through our Site or Services, we assume no responsibility.
Contact Form: Our Site may feature a contact form allowing you to reach out to us for inquiries about our Services, provide feedback, or request collaborations. Our contact form may request personal information such as your name, email address, phone number, and the purpose of your inquiry.
Rights & Licenses
License to Use the Site: We grant you a non-transferable, non-exclusive right to access and use the Services for personal use.
Certain Restrictions: The rights granted to you in these Terms are subject to specific restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you may not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you may not access the Services to develop a similar or competitive service; and (d) except as explicitly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future releases, updates, or additional functionalities of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification: We retain the right to modify, suspend, or discontinue the Services at any time, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, unless expressly stated otherwise in these Terms.
Ownership of the Services: Excluding your User Content (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, related to the Services, including the Platform, are owned by us or our licensors. The provision of the Services does not transfer any rights, title, or interests in the intellectual property to you or any third party. We reserve all rights not explicitly granted in these Terms.
User Content
User Content: “User Content” refers to any and all information and content that a user submits or posts on (a) the Services and (b) social networking sites where we have a presence. You retain ownership of your User Content, with the understanding that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
User Content Rules: By transmitting and submitting any User Content while using the Service, you agree to the following:
You are solely responsible for your account and any activity that occurs while signed in or using your account.
You will not submit content that is copyrighted or subject to third-party proprietary rights unless you own such rights or have appropriate permission from the rightful owner to submit such content.
You will adhere to our Acceptable Use Policy as outlined below.
You acknowledge that we have the right to determine the appropriateness of your User Content submissions, their compliance with these Terms of Use, and the authority to remove any or all of your submissions or terminate your account, with or without prior notice.
You understand and agree that any liability, loss, or damage resulting from the use of any User Content made available or accessed through your use of the Service is solely your responsibility. We are not accountable for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we or technology we employ may monitor and/or record your interactions with the Service.
License: You grant us an irrevocable, nonexclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content. This license is solely for the purpose of including your User Content in the Site and Services. You also agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy: Your use of the Services is contingent on adhering to the following Use Restrictions and Conduct Restrictions:
You may not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
Use of the service for unlawful purposes or to promote illegal activities is prohibited.
Harassment, abuse, or harm towards another person or group is strictly forbidden.
Unauthorized use of another user’s account is prohibited.
Providing false or inaccurate information or impersonating another person when registering an account is not allowed.
Interfering or attempting to interfere with the proper functioning of the Service is prohibited.
Making any automated use of the system or taking actions that could impose an unreasonable or disproportionately large load on our servers or network infrastructure is not permitted.
Using the Site or its contents for advertising, solicitation, or competing with our Service is prohibited.
Bypassing any robot exclusion headers or other measures we have in place to restrict access to the Service, or using any software, technology, or device to scrape, spider, crawl the Service, or harvest or manipulate data, is not allowed.
Publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer is prohibited.
Feedback: If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we see fit. We will treat any Feedback you provide as non-confidential and non-proprietary. You also agree not to submit any information or ideas that you consider confidential or proprietary to us.
Indemnity: You agree to indemnify and hold us (including our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You also agree not to settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it.
Confidentiality
Confidential Information: In these Terms, “Confidential Information” refers to all confidential or proprietary information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing. This information is either marked or designated as confidential or would reasonably be considered confidential or proprietary based on its nature and the circumstances of its disclosure. Confidential Information includes but is not limited to pricing and other terms in agreements between the parties, as well as the Disclosing Party’s business and marketing plans, technology, technical information, product designs, business processes, and any other nonpublic or proprietary information. Confidential Information does not include information that a Receiving Party can demonstrate (i) is generally known to the public without breaching any obligation to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without violating any obligation to the Disclosing Party; or (iv) is received from a third party without any duty of confidentiality to the Disclosing Party. When Confidential Information is shared, the Receiving Party must safeguard the confidentiality of the Disclosing Party’s Confidential Information to the same extent it protects its own confidential information. At a minimum, the Receiving Party must use reasonable care and: (a) not disclose Disclosing Party’s Confidential Information to anyone without obtaining explicit written consent from the Disclosing Party; (b) not use Disclosing Party’s Confidential Information except as required for performing obligations under these Terms; and (c) restrict access to Disclosing Party’s Confidential Information to Receiving Party’s personnel who need to know for fulfilling Receiving Party’s obligations under these Terms.
As part of the Service, we may provide you with convenient links to websites operated by third parties (“Third-Party Sites”), as well as content or items originating from third parties, such as applications, software, or other content (collectively referred to as “Third-Party Content”). Users may also include links to their websites or other Third-Party Sites in their listings. These links are provided as a courtesy to Users. Please be aware that we do not exercise control over Third-Party Sites and Third-Party Content, including any promotions, materials, information, goods, or services available on these Third-Party Sites or through Third-Party Content. If you choose to leave our Site and access Third-Party Sites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. We strongly recommend reviewing the applicable terms and policies, including privacy and data gathering practices, of any site you visit after leaving our Site or any applications you use or install from such sites.
Release
You release and forever discharge us (including our officers, employees, agents, successors, and assigns) from, and waive and relinquish any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature (including personal injury, death, and property damage) that have arisen or may arise directly or indirectly from, or relate directly or indirectly to, any interactions with or acts or omissions of other Service users or Third-Party Sites and Ads. If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor.”
Disclaimers
The Services, including the Site, are provided “as-is” and “as available,” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; or (d) will be to your satisfaction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitations on Liability
In no event will we be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Access to and use of the Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. In no event will Marketer Collective’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amounts you’ve paid Marketer Collective in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term & Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate these Terms at any time and for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. Please note that any termination of your Account will result in the deletion of your User Content from our live databases. We will not have any liability to you for any termination of these Terms, including the termination of your Account or the deletion of your User Content. Upon termination of these Terms, all provisions will terminate except those that by their nature should survive, including but not limited to indemnification obligations, confidentiality provisions (including those set forth in the Work Order Terms), and adherence to Marketer Collective’s Non-Circumvention Policy.
Copyright Policy
We respect intellectual property rights and request that users of our Site and Services do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we have implemented a policy respecting copyright laws. This policy allows for the removal of infringing materials and the termination of users who are repeat infringers of intellectual property rights, including copyrights. If you believe that a user of our Services is unlawfully infringing the copyright(s) in a work and wish to have the allegedly infringing material removed, you must provide us with a written notification that includes specific information, such as your physical or electronic signature, identification of the copyrighted work(s), identification of the infringing material, and more. Please refer to the full Copyright Policy for detailed information.
Counter Notice Procedures
If you receive a notification that material you made available through the Site has been the subject of a Notification of Claimed Infringement, you have the right to provide a “Counter Notification.” The Counter Notification must be in writing and include certain information, such as your physical or electronic signature and a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification. For more details on Counter Notice Procedures, please refer to the full Copyright Policy.
Legal Disputes
Please carefully read this section as it affects your rights and the resolution of claims between you and Marketer Collective. Any claim or dispute relating in any way to these Terms, your use of the Services, or any products or services sold or purchased through the Services will be resolved according to the provisions in this Legal Disputes Section.
Choice of Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations: Any cause of action arising from or related to the Services must be initiated within one year after the cause of action accrues, or it is permanently barred.
Attempt to Mediate: You and Marketer Collective agree to attempt to resolve any disputes in good faith through negotiation. If not resolved, either party may commence arbitration as specified in these Terms.
Agreement to Arbitrate: You and Marketer Collective agree that disputes or claims between you and Marketer Collective will be resolved exclusively through arbitration, rather than in court. Arbitration procedures and rules are defined in these Terms. You may assert your claims in small claims court if they qualify and meet certain conditions. The arbitration will be confidential, and you and Marketer Collective must abide by the rules provided in this section.
If any part of this arbitration provision is deemed invalid, unenforceable, or illegal, the remainder of the provision will remain in effect. If a claim proceeds in court, it will be brought exclusively in state or federal court in Atlanta, Georgia.
General
Changes to Terms: These Terms may be revised periodically, and in the event of substantial changes, we will endeavor to notify you by prominently posting the revised terms on our Site. Any significant modifications to these Terms will become effective 30 days after we post such notice. By continuing to use our Site or Services after being notified of such changes, you acknowledge the modifications and agree to abide by the updated terms and conditions.
Copyright/Trademark Information: Copyright © 2020 Marketer Collective Solutions, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are either our property or the property of third parties. Use of these Marks without our prior written consent or the consent of the respective third-party owners is prohibited.
Contact Information:
Marketer Collective
Email: contact@marketercollective.co
Dispute Procedures
Please carefully review these Dispute Procedures in their entirety. By creating an account on our platform and using the Services, you are legally bound by these terms. Capitalized terms used here have the same meaning as defined in the Terms of Service, unless otherwise specified in these Procedures. These Dispute Procedures are fully integrated into our Terms of Service.
Our Platform offers a mechanism for Clients and Consultants to resolve specific disputes, subject to the limitations detailed below. These dispute procedures are provided for the benefit of our Users to facilitate transactions between Clients and Consultants and to safeguard the integrity of our Platform, ensuring an enjoyable user experience. It is important to note that the provision of these dispute procedures or any determinations made by Marketer Collective under these procedures does not imply any admission of liability by Marketer Collective. Both Clients and Consultants agree to hold Marketer Collective harmless for any decisions made by Marketer Collective during the dispute resolution process.
In the event that a Client has a good faith dispute concerning hours logged by a Consultant, the Client is allowed to dispute the hours logged, subject to the following terms and conditions:
Notice Period: Within four (4) business days from the date of the Client’s invoice (the “Dispute Notice Period”), and before Marketer Collective disburses funds to the Consultant, the Client must provide written notice to Marketer Collective by submitting a support ticket through the Platform. This notice should include reasonably detailed information regarding the facts and circumstances forming the basis of the dispute (each referred to as a “Dispute Notice”). Failure to submit a Dispute Notice within the Dispute Notice Period will result in the Client permanently waiving their right to dispute the invoice.
Mediation Period: If the Client submits a Dispute Notice within the Dispute Notice Period, Marketer Collective will make a good faith effort to work with the Client and the Services Consultant to resolve the dispute over a period of up to fourteen (14) calendar days starting from the date of the Dispute Notice (the “Disputed Matter Mediation Period”). In the event that the dispute is successfully resolved during this period, the Client, Services Consultant, and, if applicable, Marketer Collective will take the necessary steps to implement the agreed-upon resolution.
Final Determination: If the dispute remains unresolved at the conclusion of the Disputed Matter Mediation Period, no later than the fourteenth (14th) calendar day after the end of this period, Marketer Collective will make a determination at its sole and absolute discretion (the “Disputed Matter Decision”). This decision will be based on the information provided by the Client and the Consultant. If Marketer Collective decides that a refund is warranted, it will promptly issue a refund to the Client. If Marketer Collective decides in favor of the Consultant, it will disburse funds to the Consultant.
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.
Standard Work Order Terms
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. WHEN YOU SUBMIT OR ACCEPT A WORK ORDER, YOU WILL BE LEGALLY BOUND BY THESE TERMS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS IMPLIED UPON SUBMISSION OR ACCEPTANCE OF A WORK ORDER. DO NOT SUBMIT OR ACCEPT A WORK ORDER IF YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS.
These Standard Work Order Terms (the “Work Order Terms”) govern all work orders (“Work Orders”) between Consultants and Clients utilizing the Marketer Collective Platform. Clients and Consultants using the Platform to purchase and provide services have agreed, as a condition of using Marketer Collective’s Services, to adhere to the Work Order Terms and Marketer Collective’s Terms of Service. Capitalized terms used in these Work Order Terms have the same definitions as provided in Marketer Collective’s Terms of Service, unless otherwise defined herein. These Work Order Terms are incorporated into each Work Order submitted by a Client and accepted by a Consultant and constitute a binding contract between the Client and Consultant.
Work Order Process
Information: Every Work Order posted by a Client or Consultant will include:
a) The identity of the Client or Consultant.
b) A description of the services.
c) The work schedule.
d) The fees for the services.
e) Any other specific terms specified by the Client or Consultant.
Acceptance and Binding Agreement: Upon acceptance of a Work Order by a Consultant or Client, a legally binding agreement is established between the Consultant and Client. The terms of that Work Order, as modified, and these Work Order Terms will govern the provision of services between the Client and Consultant.
Payment Terms
Consultant Payment: Consultants will be compensated for services at the rates outlined in the Work Order and in accordance with Marketer Collective’s Terms. These payments are subject to deduction of fees payable to Marketer Collective for using the Platform. For flat-rate projects or retainers, any upfront payments will be collected upon acceptance or confirmation of the Work Order. In the case of hourly rate projects, payment will be made to the Consultant only after submitting a timesheet, following the Dispute Notice Period described in the Dispute Procedures.
Acceptance of Services: Marketer Collective may automatically charge the Client’s on-file payment method on a weekly basis for any timesheets or charges submitted by the Consultant. The Client has four (4) days from the invoice date to dispute the Consultant’s timesheet. If the Client takes no action and fails to dispute the timesheet within that timeframe, Marketer Collective will disburse the funds to the Consultant. Once payment is disbursed to the Consultant, the Client waives the right to dispute the invoice. All payments to a Consultant for services performed will be facilitated by Marketer Collective on behalf of the Client.
Independent Contractor Status
The Consultant’s relationship with the Client is that of an independent contractor, not an employee. The Consultant is solely responsible for determining the method, details, and means of performing the Consulting Services within the scope defined in the Work Order. The Consultant is fully responsible for applicable withholding taxes related to all compensation paid under a Work Order.
Proprietary Rights
Intellectual Property: In these Work Order Terms, Intellectual Property refers to discoveries, developments, concepts, designs, ideas, know-how, improvements, trade secrets, and/or original works of authorship, whether or not patentable, copyrightable, or otherwise legally protectable. This includes, but is not limited to, any product, method, procedure, process, technique, use, system, design, or configuration, or improvement of any kind.
Client IP: All rights, title, and interest, including copyright and other intellectual property rights, to any data, information, ideas, concepts, or material provided by a Client to a Consultant for use in performing services, are and will remain the property of the Client (“Client IP”). Each Client grants each Consultant performing services a non-exclusive, non-transferable license during the Work Order’s term to reproduce, display, and perform Client IP solely in connection with the performance of the services under that Work Order. Client IP will be considered Confidential Information of the Client.
Consultant IP: Any Intellectual Property created by the Consultant (solely or jointly with others) and paid for by the Client under these Work Order Terms or for the benefit of the Client’s actual or proposed businesses, products, or services, will be owned by the Client (to the greatest extent permitted by applicable law) and is compensated by the fees outlined in these Work Order Terms. This includes all rights of attribution, paternity, integrity, modification, disclosure, and withdrawal, and any other rights known as “moral rights.” To the extent that Moral Rights cannot be assigned under applicable law, the Consultant waives and agrees not to enforce any and all Moral Rights.
Confidentiality
Confidential Information: As used in these Terms, “Confidential Information” refers to all confidential or proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, marked as confidential, or reasonably deemed confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, but is not limited to, pricing, terms reflected in agreements between the parties, and the Disclosing Party’s business and marketing plans, technology, technical information, product designs, business processes, and other nonpublic or proprietary information. Confidential Information does not include information that:
(i) Becomes publicly known without any breach of obligation.
(ii) Was known to the Receiving Party before disclosure.
(iii) Is independently developed by the Receiving Party.
(iv) Is received from a third party without confidentiality obligation.
When Confidential Information is shared, the Receiving Party will protect its secrecy with the same degree of care as it uses for its own Confidential Information, but not less than due care. The Receiving Party will not disclose the Disclosing Party’s Confidential Information without obtaining written consent and will only use it for the performance of its obligations under these Terms. Access to Confidential Information will be limited to personnel who require it for performance.
Warranties and Representations
Both Client and Consultant warrant and represent that:
Neither party has pre-existing obligations conflicting with these Work Order Terms.
Performance of the Work Order does not breach any agreement to keep proprietary information confidential.
Neither party will knowingly infringe upon any copyright, patent, trade secret, or other property rights.
Each party has the authority to enter into these Work Order Terms and fulfill its obligations.
Dispute Resolution
If a dispute arises between a Client and a Consultant regarding the Consultant’s timesheet or Client’s payment failure, it will be governed by Marketer Collective’s Dispute Resolution Procedures.
General
Entire Agreement: The Work Order, along with these Work Order Terms and Marketer Collective’s Terms of Service (including accompanying terms and policies), constitute the entire agreement between the parties concerning the subject matter. This agreement may not be modified or amended except in writing, signed, and dated by both parties. Any prior agreements concerning the subject matter are superseded by these Work Order Terms and are void.
Governing Law: These Work Order Terms will be governed by the laws of the Client’s jurisdiction.
Binding Nature: These Work Order Terms are binding upon the parties, their heirs, personal representatives, fiduciaries, successors, and assigns.
Non-Waiver: Client’s waiver of any breach or violation of these Work Order Terms or the Agreement by Consultant will not operate as a waiver of any subsequent breach or violation.
Assignment: The Client may assign its rights and obligations under these Work Order Terms. No other party to these Work Order Terms may assign its rights and obligations without the prior written consent of the Client.