INFLUENCER PLATFORM TERMS OF USE AGREEMENT
Between makromusic and the Influencer
1. PartiesThis agreement is entered into between makromusic (hereinafter the "Platform"), operator of the makromusic for Artists platform, headquartered at 1401 Pennsylvania Ave, 105-112, Wilmington, DE, 19806, US, and the content creator who registers on the Platform (the "Influencer").
2. SubjectThis agreement covers the rights and obligations relating to the Influencer's process of matching with artists through the Platform and producing and sharing content on social media. The Platform acts solely as an intermediary in the collaboration between the Influencer and the artist. The Influencer bears sole legal, criminal, and financial responsibility for any content produced, shared, or published by the Influencer. The Platform bears no responsibility if the content infringes the intellectual property rights, personal rights, copyrights, trademark rights, or right to privacy of third parties, or otherwise violates applicable law.
3. Description of Service• The Influencer registers on the Platform; data such as follower count and past content associated with their profile is recorded in the system.
• When an artist creates a campaign, they may select an Influencer along with a brief and a song link.
• Once the Influencer accepts the campaign, they are obligated to produce and share content in accordance with the brief.
• Content is shared on the relevant social media channel (TikTok or Instagram Reels), and the link is delivered to the artist through the Platform.
• The Influencer's name, surname, contact details, and social media account information may be processed under Law No. 6698 on the Protection of Personal Data ("KVKK") for the purposes of providing Platform services, carrying out campaign processes, and performing this agreement. The Influencer acknowledges that they explicitly consent to their personal data being processed for these purposes and being shared with relevant artists, limited to the scope of the campaign.
4. Posting Period and Obligations• The Influencer must share the content within 5 (five) days of accepting the campaign.
• If the content does not comply with the brief or the song (e.g., wrong audio, pornographic content, blank screen, etc.), it must be removed upon the artist's objection and payment will be cancelled.
• The Influencer is obligated to keep the content they shared under the campaign live on the relevant social media account for at least 30 (thirty) days from the date of posting. If the Influencer deletes, hides, or restricts access to the content before this period ends, no fee will be paid for that campaign; if payment has already been made, the artist may request its return.
5. Content Quality and ComplianceAll content produced by the Influencer and shared through the Platform must comply with the following conditions:
• The audio file or music link provided to the Influencer in the campaign brief must be used correctly and in full.
• The content must not contain anything pornographic, obscene, insulting, or hateful, nor anything contrary to public order, applicable law, or the community guidelines of the relevant social media platforms.
• The content must not contain a black screen, blank video, technical error, audio-video mismatch, or any other technical issue that would render the post meaningless.
• If any visual, audio, video, or text element generated using artificial intelligence (AI) tools is detected in the content, the content shall be deemed low quality and may be rejected by the Platform or the artist.
• Content found by the Platform or the artist to violate the above conditions will not be approved; if already published, it will be taken down and will not be accepted as valid content for the campaign.
• No payment will be made to the Influencer for such violations; if payment has already been made, the Influencer is obligated to return the relevant amount immediately and in full.
• Other than the violations listed in this article, neither the artist nor the Platform has the right to request creative intervention, revision, or changes to the content once production is complete.
6. Prohibition on Off-Platform Communication• The Influencer may communicate with artists only through the Platform, both during and after the campaign process.
• It is strictly prohibited for the Influencer to make direct contact with artists through any off-platform communication channel such as email, direct message (DM), WhatsApp, phone, or similar; to run a campaign outside the Platform; or to accept any payment without going through the Platform.
• If such conduct is detected, the Influencer's Platform account will be suspended indefinitely.
7. Payment and Entitlement• Once the Influencer produces and shares content in accordance with the brief, they become entitled to payment upon the expiry of the artist's 3-day objection period.
• If an objection is raised and upheld, no payment will be made and the content will be removed.
• The Platform transfers the amount paid by the artist for the campaign, less its own commission (28%), to the Influencer's account within 30 (thirty) business days following completion of the relevant campaign.
8. Content Rights• Content produced by the Influencer under a campaign is published on the relevant social media platforms via the Influencer's own account.
• The Influencer consents to the Platform using the content they produce for reference, promotional, or portfolio purposes on the Platform's website, social media accounts, and other digital channels.
9. Confidentiality• The Influencer's identity and contact details are shown to artists only after the content has been posted.
• Other users on the Platform can see the Influencer's identity only through limited metrics such as follower count and content performance.
• The Influencer's personal data is processed under Law No. 6698 on the Protection of Personal Data ("KVKK") and is used solely for the purposes of providing Platform services and carrying out campaign processes.
10. Termination and Suspension• The Platform only makes payment for campaigns that have been carried out in accordance with the provisions of this agreement, with content produced, shared, and approved by the Platform.
• If the Influencer engages in off-platform communication, direct dealing, running a campaign outside the Platform, or accepting payment without going through the Platform, the campaign in question will be deemed in breach of this agreement even if it was approved or the content was shared, and no payment will be made.
• In particular, if an off-platform arrangement is detected, an indefinite access ban will be applied.
11. DisputesThis Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The parties agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any dispute arising out of or in connection with this Agreement.