TERMS AND CONDITIONS
PUBLISHRS LIMITED
PUBLISHRS LIMITED provides an agency marketing and software solution service via an online Platform, which connects Companies and Creators, enabling them to create digital marketing Campaigns.
By signing up with PUBLISHRS LIMITED's subscription service, the Company accepts and agrees to be bound by (and separately warrants and represents to PUBLISHRS LIMITED and to the Creator that it will comply with) these Terms and Conditions in relation to each Campaign placed on the Platform. Any other terms or conditions sought to be imposed by the Company (including, without limitation, terms in any insertion or purchase order, email, or acknowledgement) are expressly excluded and shall not be binding on PUBLISHRS LIMITED or the Creator.
By registering with PUBLISHRS LIMITED, the Creator further accepts and agrees to be bound by (and separately warrants and represents to PUBLISHRS LIMITED and to the Company that it will comply with) these Terms and Conditions in relation to each Campaign it is engaged with via the Platform.
These Terms and Conditions constitute the entire agreement between PUBLISHRS LIMITED, the Company, and the Creator in respect of any and all Campaigns conducted on behalf of the Company via the Platform ("Agreement").
THE PARTIES AGREE:
1.1 In this Agreement:
Advertising Services
means the advertising of the Company Materials by the Creator, together with the Creator Materials, in accordance with the requirements of the Company and as set out in the Campaign.
Advertising Laws
means all laws, regulations and codes of practice which are applicable to the Advertising Services (including the UK Code of Non-broadcast Advertising, Sales Promotions and Direct Marketing (CAP Code), the ISBA Creator Marketing Code of Conduct and all other codes under the general supervision of the Advertising Standards Authority, Trading Standards and/or Competition and Markets Authority).
Affiliate Campaign
means a Campaign in which the Creator earns commission based solely on verified sales or other tracked commercial actions driven by the Creator's content. The Creator applies to participate and is either automatically approved or manually approved or rejected by the Company, depending on the Campaign settings configured by the Company at the time of Campaign creation. Affiliate Campaign earnings are subject to the Commission Holding Period.
Autopilot
means the optional Platform feature through which a Creator grants PUBLISHRS LIMITED permission to automatically publish pre-approved brand or artist content to the Creator's connected social media accounts. Autopilot may be activated by the Creator in one of two ways:
(a) by toggling the Autopilot feature on within the Platform, whereupon PUBLISHRS LIMITED will automatically match the Creator to eligible Instant Reach Campaigns and post approved content on the Creator's behalf; or
(b) by applying to a specific Instant Reach Campaign (displayed to the Creator as an Autopilot Campaign), which shall activate the Autopilot feature and also enrol the Creator for automatic matching and fulfilment of future Instant Reach Campaigns.
Once Autopilot is activated by either method, the Creator is enrolled in the automatic matching pool for all eligible Instant Reach Campaigns going forward. The Creator may revoke Autopilot consent at any time with immediate effect via the Platform.
Campaign
means the digital marketing campaign placed by the Company on the Platform specifying the requirements for the Campaign to be conducted by the Creator. Campaigns fall into one of four types: Instant Reach Campaigns, Creator Content Campaigns, Performance Campaigns, or Affiliate Campaigns.
Campaign Package
means any series of Campaigns ordered by the Company and supplied by the Creator.
Campaign Period
means the period over which advertising will be provided by the Creator, as set out in the Campaign.
Campaign Reports
means the report PUBLISHRS LIMITED provides to the Company detailing the Campaign analytics and influencer metrics in the form agreed in the Campaign, including a breakdown of the Advertising Services by day, content area, impressions and clicks.
Commission Holding Period
means a period of thirty (30) days from the date on which a commission-based earning is recorded on the Platform, during which the relevant Creator Consideration is held by PUBLISHRS LIMITED before becoming available for withdrawal by the Creator. This period exists to account for customer refunds, returns, chargebacks, and fraud verification.
Company(ies)
means any company or entity placing an order for a Campaign via the Platform.
Company Materials
means the Company's copy, logos, artwork, designs, brand and product information, creative materials, digital materials and any other information or materials supplied by the Company to PUBLISHRS LIMITED and the Creator in connection with the Agreement.
Confidential Information
means any information that a party has or acquires before or after the date of this Agreement that is confidential in nature concerning the other party, including its or their business, affairs, operations, processes, budgets, pricing policies, product information, plans, strategies, developments, trade secrets, know-how, personnel, customers and/or suppliers.
Creator
means one or more social media users, content creators or influencers registered on the Platform to provide the Advertising Services for and on behalf of the Company.
Creator Channels
means the platform and/or channels which are controlled by the Creator and in relation to which the Creator agrees to distribute the Creator Materials.
Creator Consideration
means the sums or amounts payable to the Creator as set out in the relevant Campaign, or separately agreed between the Company and Creator.
Creator Content Campaign
means a Campaign in which the Creator produces and posts original content on their own social media channels and earns based on verified views generated by that content. The Creator applies to participate and is either automatically approved or manually approved or rejected by the Company, depending on the Campaign settings configured by the Company at the time of Campaign creation.
Creator Image Rights
means the name, likeness, branding, image, voice or signature of the Creator.
Creator Materials
means any and all content and materials produced by or on behalf of the Creator as a result of the performance of the Advertising Services featuring and/or otherwise referring or relating to the Company or the Company Materials as described in any Campaign.
Data Protection and Privacy Laws
means any laws relating to privacy or to the processing, privacy and/or use of Personal Data, in each case as applicable to and binding on either party, including:
(a) the Data Protection Act 2018, the UK GDPR, and the Privacy and Electronic Communications Regulations 2003; and
(b) any laws which implement, replace, extend or amend any of the foregoing.
Instant Reach Campaign
means a Campaign (displayed to Companies as "Instant Reach" and to Creators as "Autopilot") in which the Company uploads video content and PUBLISHRS LIMITED automatically distributes that content to matched Creator accounts on supported social media platforms. Creators participate via the Autopilot feature. Creator earnings under Instant Reach Campaigns are based on verified views and are available for instant withdrawal.
Intellectual Property Rights
means copyright, rights related to copyright such as moral rights and performers' rights, patents, rights in inventions, rights in Confidential Information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, domain names, business names, rights in computer software and all similar rights of whatever nature wherever in the world arising and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; and wherever existing.
Performance Campaign
means a hybrid Campaign in which the Creator earns based on both verified views and sales commission. The Creator applies to participate and is either automatically approved or manually approved or rejected by the Company, depending on the Campaign settings configured by the Company at the time of Campaign creation. The views component is payable on an instant, on-demand basis, and the commission component is subject to the Commission Holding Period.
Platform
means the website and application operated by PUBLISHRS LIMITED and located at the URL: https://www.publishrs.com.
Platform Data
means all data generated through or collected by the Platform in connection with Campaigns, including but not limited to performance analytics, audience metrics, engagement data, conversion data, transaction records, and aggregated or anonymised datasets derived therefrom.
Platform Fees
means the subscription fees and/or campaign fees payable by the Company to PUBLISHRS LIMITED.
Term
means the period between the placing of the Campaign Order and the conclusion of the Campaign Period as specified in the Campaign Order.
2.1 The Platform supports four Campaign types:
(a) Instant Reach Campaigns (displayed to Creators as Autopilot Campaigns);
(b) Creator Content Campaigns;
(c) Performance Campaigns; and
(d) Affiliate Campaigns.
2.2 For each Campaign placed on the Platform, the Company agrees to engage the Creator in connection with the Campaign.