Mediablaster Content Creator Agreement
Last Updated: August 18th, 2022
This Content Creator Agreement (“Agreement”) is entered to between 0982029 B.C. Ltd dba Mediablaster, a Canadian business located at 163 Beach Dr, Victoria, BC, Canada, V8S 2L6 (“Us/We/Mediablaster”) and you (“Content Creator”) effective the date of acceptance of these terms by selecting ‘I Agree’ on the contractor application form, or by written consent. The purpose of this agreement is for Mediablaster to engage you in accordance with the terms of this Agreement to create written, visual, and/or video content for the purpose of marketing one or more commercial brands (“The Work/Work”).
- Term. This Agreement shall have an initial term of one year and shall automatically renew for additional one-year terms thereafter unless either party provides thirty days prior written notice of its intention of nonrenewal.
- Deliverables. The Content Creator will deliver the agreed upon Work in accordance with the delivery schedule specified by Mediablaster. The Work shall conform to the specifications and instructions of the Mediablaster as outlined in detail through written and verbal communication with the Content Creator. The Content Creator shall deliver the Work through mutually agreed digital methods, and upon receipt, Mediablaster have a maximum of 3 business days to reject any deliverable or request that additional revisions and/or amendments be made by the Content Creator.
- Compensation. In full consideration of the Content Creator’s performance, his / her obligations and the rights granted herein, the Content Creator shall be paid the amount agreed upon between the Content Creator and Mediablaster. This includes any agreed bonus incentives or resources provided. The Content Creator will otherwise perform the services at his/her own expense and use his/her own resources and equipment. The Influencer acknowledges that the agreed upon compensation represents the Content Creator’s entire compensation with respect to this agreement and Mediablaster shall have no other obligation for any other compensation to or expenses or costs incurred by the Content Creator in connection with the performance of its obligations under this agreement.
- Payment Terms. Payment shall be issued by Mediablaster to the Content Creator by the Content Creator’s preferred means of payment from the list of supported payment methods provided to the Content Creator by Mediablaster. Payment shall be issued within 3 business days of delivery of the Work and approval in accordance with section 2, Deliverables above, as well as any other written terms communicated to the Content Creator by Mediablaster or its agents.
- Ownership and License Rights: The Deliverables shall be considered “works made for hire” and Mediablaster is the “person for whom the work was prepared”. As between the parties, Mediablaster is the author and/or owner, as appropriate, of the Work for purposes of patent, copyright or trademark law and is entitled to secure patent, copyright and trademark protection in Mediablaster’s name, if and as applicable, and You agree to cooperate with Mediablaster as reasonably necessary for Mediablaster to secure such patent, copyright and trademark protection. To the extent that the Work and any intellectual property rights therein or related thereto are deemed or treated as not “works made for hire,” You hereby expressly and irrevocably assign to Mediablaster all of Your right, title and interest in and to the Work and any and all intellectual property rights therein or related thereto. Mediablaster hereby grants You a limited, worldwide, non-transferable, non-sublicensable license to publish the Work on Your Platforms, as directed by Mediablaster. You acknowledge and agree that Mediablaster may, among other things, sell the Work and the right to use the Work without attribution for which the Content Creator has been retained. Mediablaster shall also be granted the right to use the Work in perpetuity for future advertising in any and all medium.
- Independent Contractor. The Content Creator is retained as an independent contractor of Mediablaster. The Content Creator acknowledges and agrees that (i) The Content Creator is solely responsible for the manner and form by which the Content Creator performs under this Agreement, and (ii) The Content Creator is a self-employed individual, who performs services similar to the services for various entities and individuals other than the Advertiser. The Content Creator is responsible for the withholding and payment of all taxes and other assessments arising out of the Content Creator’s performance of services.
- Confidentiality. During the course of the Content Creator’s performance of services for Mediablaster, the Content Creator will receive, have access to and create documents, records and information of a confidential and proprietary nature to Mediablaster and its customers. The Content Creator acknowledges and agrees that such information is an asset of the Mediablaster or its clients, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Mediablaster and its clients must be kept strictly confidential and used only in the performance of the Content Creator’s duties under this Agreement. The Content Creator agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except to the existing employees of Mediablaster or as otherwise directed by Mediablaster in the course of the Content Creator’s performance of services under this Agreement, and thereafter only with the written permission of Mediablaster or one of its agents.
- Force Majeure. If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
- Choice of Law. This Agreement shall be construed and enforced pursuant to the laws and decisions of British Columbia, Canada.