Brands shall provide complete, accurate, and lawful campaign briefs, including deliverables, timelines, expectations, and compliance requirements prior to campaign initiation.
All campaign terms, including pricing, deliverables, timelines, usage rights, and payment structure, shall be mutually agreed in writing (including digital confirmation), failing which Elariq reserves the right to define reasonable defaults.
The Brand irrevocably agrees to make full and timely payments as per agreed terms. Any delay shall attract penalties, suspension of services, or legal recovery actions at Elariq's discretion.
In barter collaborations, the Brand shall ensure timely delivery of products/services. Elariq shall not be responsible for logistics failures, damaged goods, or delivery disputes.
Content approvals must be provided within 24–72 hours. Failure to respond shall be deemed as auto-approval.
Brands shall not request excessive, unreasonable, or unlimited revisions beyond agreed scope. Additional revisions may incur additional charges.
Brands acknowledge and accept that influencer marketing involves creative interpretation and performance variability, and therefore no guaranteed results shall be implied unless explicitly agreed in writing.
The Brand shall not misuse, reproduce, distribute, or commercially exploit influencer content beyond agreed rights without prior written consent.
Cancellation or modification after campaign initiation shall result in full or partial payment liability, including sunk costs, influencer fees, and operational charges.
Refunds, if any, shall be strictly governed by pre-agreed performance clauses. No refunds shall be issued for completed or ongoing campaigns.
The Brand represents and warrants that all products/services promoted are lawful, safe, compliant with applicable laws, and do not infringe any third-party rights.
The Brand shall be solely liable for any claims arising out of product defects, misleading claims, regulatory violations, or consumer disputes.
Elariq shall not be liable for any direct, indirect, incidental, or consequential losses including but not limited to loss of revenue, brand value, or reputation.
The Brand agrees to indemnify, defend, and hold harmless Elariq, its employees, and partners from any claims, damages, liabilities, or legal actions arising out of the campaign.
The Brand undertakes to pay all applicable taxes, duties, and statutory charges.
Any attempt to bypass Elariq and directly engage influencers introduced through the platform shall result in penalties, legal action, and permanent blacklisting.
Elariq reserves the absolute right to accept, reject, pause, or terminate any campaign at its sole discretion without prior notice.
Elariq shall not be responsible for platform algorithm changes, account bans, reach fluctuations, or external factors affecting campaign performance.
Force Majeure: Elariq shall not be liable for failure to perform obligations due to events beyond reasonable control (including but not limited to natural disasters, platform outages, strikes, regulatory changes).
All disputes shall be subject to the exclusive jurisdiction of courts located in India.
Part B
Terms for Influencers
Elariq acts solely as an intermediary platform connecting brands and influencers and does not guarantee campaign selection or continuity of work.
Influencers must be at least 18 years of age and legally capable of entering into binding agreements.
Only registered and approved influencers shall be eligible for campaigns, and selection remains at the sole discretion of the Brand and Elariq.
Influencers must provide accurate, truthful, and up-to-date information regarding their social media presence, audience metrics, and engagement. Any misrepresentation shall lead to immediate termination.
Influencers shall strictly adhere to campaign briefs and ensure that content does not harm the brand's reputation.
Influencers must disclose paid partnerships in accordance with applicable laws and platform guidelines (#ad, #collab, etc.).
Influencers shall not engage in campaigns involving conflicts of interest, including competitors or personal affiliations, without disclosure and approval.
Any manipulation of engagement metrics (including bots, fake followers, or artificial amplification) shall result in immediate termination, non-payment, and legal action.
Influencers shall not solicit or accept direct deals from brands introduced through Elariq without written approval. Violation shall lead to permanent blacklisting and legal consequences.
Influencers must deliver agreed content within timelines. Failure to do so may result in payment forfeiture, penalties, or removal from the platform.
Content once published must remain live for the agreed duration. Unauthorized deletion shall be treated as breach of contract.
Influencers agree to reasonable revisions. However, excessive revision requests must be mutually agreed.
If content is rejected due to non-compliance, poor quality, or brand disapproval, no payment shall be due.
Influencers shall maintain professional conduct and refrain from posting offensive, illegal, or controversial content during active campaigns.
All applicable taxes shall be borne by the influencer. TDS may be deducted as per law, and required documents (PAN, etc.) must be submitted.
Payments shall be made only after successful completion and verification of deliverables, unless otherwise agreed.
In barter collaborations, influencers acknowledge that no monetary compensation is guaranteed unless explicitly stated.
Influencers grant limited rights to brands for content usage as per agreed terms and shall not object to such usage.
Elariq reserves the right to suspend, terminate, or restrict influencer accounts without notice in case of policy violations.
Influencers agree to indemnify and hold harmless Elariq from any claims, damages, or liabilities arising out of their actions, content, or misconduct.
General Terms
These Terms may be updated at any time without prior notice. Continued use constitutes acceptance.
All digital approvals, emails, and platform communications shall be considered legally binding.
If any clause is found invalid, the remaining clauses shall remain enforceable.
These Terms constitute the entire agreement between the parties.
