Agreement between Brands and Uptrendly (US)
[Need to agree for every deposit or after amendments to the agreement.]
This Agreement ("Agreement") is entered into between Uptrendly and the Brand upon the deposit of the required amount for creating a campaign. The Agreement shall be valid from the agreed date until any amendments have been made to the clauses mentioned below.
1. Deposit and Use of Amount
1.1. The Brand agrees to deposit the required amount to Uptrendly, which shall be held until
the completion of the work by the Creator. The completion of work is defined in the guide
video provided.
1.2. The deposited amount will be utilized for various campaigns within the Brand's
account.
1.3The Brand agrees to deposit additional amounts if the available balance is insufficient
to continue the collaboration.
2. Tax Compliance
2.1. Budget and Local Government Tax
2.1.1. The budget specified for the collaboration is inclusive of any applicable local
government taxes.
2.2. Withholding Tax
2.2.1. The Brand will be responsible for paying the Withholding Tax as required by
applicable laws and regulations.
2.2.2. The Brand is required to log in to theirInternal Revenue Service (IRS) account and
book a voucher for the TDS payment.
2.2.3. The Brand must provide the copy of the voucher to Uptrendly for proper
documentation and compliance purposes.
3. Refund Policy
3.1. The Brand is entitled to a refund in specific cases, as follows:
3.1.1. If no creators who have applied are a fit for the campaign, the Brand can request a
full refund by contacting the Uptrendly team, and the amount held will be released as a
refund.
3.1.2. If the Brand has agreed to collaborate with a creator, but there is no timely
response from the creator, the Brand can request to end the collaboration, initiating the
refund process. The amount held for the collaboration will be released as a refund.
3.1.3. If the Brand sends a collaboration request to a creator, and the creator declines
the request, the amount held will be released as a refund.
3.1.4. If the creator has not started the content creation and the Brand wishes to end the
collaboration due to valid reasons, the Brand can request to end the collaboration. The
amount held will be released as a refund once both parties agree to end the collaboration.
3.1.5. If the creator has not started the content creation and the creator wishes to end
the collaboration due to valid reasons, the creator will request to end the collaboration.
The amount held will be released as a refund once the Brand agrees to end the
collaboration.
3.1.6. If the creator has posted the content, and if the accumulated views across their
different social handles are less than the expected view (With Cost Per View: 0.2 Cents)
within 7 days of the first content release date. There will be a partial refund to the
brand equaling to one by fifth of the difference between the expected view and the actual
view.
3.2. Refund shall not be applicable in the following cases:
3.2.1. If the creator has created content for the campaign, but the Brand is unresponsive,
the creator will be entitled to post the content, and payment will be made based on the
insights generated by the post.
3.2.2. If the creator has completed all the tasks for the campaign and achieved the
expected views, requested payment release, and the Brand is unresponsive, the campaign
will be concluded, and payment will be made based on the insights generated by the post.
3.2.3. If the scope of work for the campaign is amended after the creator starts the
content creation process, the creator may request to end the collaboration, and the held
amount will be used to compensate the creator.
4. Dispute Resolution
The Brand agrees to approach Uptrendly in case of any disputes. In such cases, Uptrendly has
the full rights to view the conversations between the Brand and the concerned creator.
By checking the box, the Brand acknowledges that they have read and understood this Agreement and agree to be bound by its terms and conditions.