Content Usage Terms

Rights License. Creator hereby grants Company perpetual, all media rights. Worldwide, royalty-free, fully paid-up, transferrable, sub-licensable and perpetual right and license to broadcast, reproduce, publish, distribute, display, repost, transmit, share, use, and edit all Content in any and all media now known or developed in the future, including without limitation the right to do each of the foregoing with respect to Creator’s Likenesses (as defined below) and any names and likenesses of any other persons or any locations embodied in any Content. For the avoidance of doubt, Company shall be under no obligation to make use of any Content created for or on behalf of Company by Creator.

(ii)   Likeness License.  Creator grants to Company a worldwide and nonexclusive right during the term of this Rights License to use, and authorize others to use, separately or together, the name, likeness, online identity (e.g., nickname, handle, etc.), biographical information, statements attributable to such Creator and other indicia of personality (collectively, “Likenesses”) of Creator which are contained within the Content in connection with the use or promotion of the Content under the Rights License and this Agreement. Company shall additionally have the perpetual, worldwide and nonexclusive right to use Creator’s Likeness for non-public corporate, archival, historical, or other internal purposes, and for industry awards related to the Content and publicity related thereto.

Content Restrictions. Creator agrees that all Content shall be: subject to the approval, direction and control of Company as outlined in this Agreement; provided in professional manner in accordance with the highest standards customary to the social media marketing industry and in compliance with: all applicable laws, regulations, orders and ordinances, including without limitation the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC Enforcement Policy Statement on Deceptively Formatted Advertisements, and the CAN-SPAM Act; best practices in the applicable industry, which may include but are not limited to the latest editions of Word of Mouth Marketing Association’s WOMMA Code, or Mobile Marketing Association’s MMA Consumer Best Practices Guidelines; all applicable social media and similar platforms’ terms, policies, rules and practices; and/or all applicable Company policies provided or made available to Creator; and comply with Company messaging, style and social media guidelines and all reasonable instructions, suggestions and recommendations provided by Company.