Collabmate Influencer Agreement

Recitals

A. Collabmate is engaged in the business of digital marketing and influencer marketing and coordinates promotional campaigns on behalf of third-party brands and clients.

B. The Influencer is a content creator with a presence on one or more social media or digital platforms and wishes to register with Collabmate to be considered for and to participate in such campaigns.

C. The Parties wish to record the terms governing the Influencer's registration, joining, and participation through the Collabmate platform in the manner set out below.

1. Definitions

1.1 "Platform" means the Collabmate website (Collabmate.in) and any associated portals, dashboards, mobile applications, or communication channels operated by Collabmate.

1.2 "Brand" or "Client" means any third-party business or entity on whose behalf Collabmate coordinates a Campaign.

1.3 "Campaign" means a specific influencer marketing activity, brief, or engagement assigned to and accepted by the Influencer through the Platform.

1.4 "Content" means any post, reel, story, video, image, audio, caption, review, blog, livestream, or other material created, published, or shared by the Influencer in connection with a Campaign.

1.5 "Deliverables" means the specific Content and outputs the Influencer agrees to produce for a Campaign.

1.6 "Joining Fee" means the one-time registration fee of ₹5,900 including GST payable by the Influencer as described in Clause 4.

1.7 "Successful Campaign" means a Campaign in respect of which the agreed Deliverables have been completed, published, and (where applicable) accepted, and for which payment has been received by Collabmate from the relevant Brand.

1.8 "Commission" means Collabmate's entitlement of 20% of the campaign value as described in Clause 7.

2. Acceptance and Nature of the Agreement

2.1 This Agreement is an electronic record generated by a computer system and governed by the Information Technology Act, 2000, and does not require any physical or digital signature to be valid and enforceable.

2.2 Your electronic acceptance — whether by clicking "I Agree", completing the online registration form, or making payment of the Joining Fee — constitutes your lawful, informed, and voluntary consent to all terms of this Agreement.

2.3 Collabmate may maintain electronic records of your acceptance, including date, time, and identifying information, which shall be valid evidence of this Agreement.

3. Registration and Joining

3.1 By accepting this Agreement, the Influencer registers with Collabmate for the purpose of being offered and participating in Campaigns.

3.2 Registration does not guarantee the Influencer any Campaign, any minimum volume of work, or any minimum earnings.

3.3 Each Campaign shall be governed by this Agreement together with the specific brief, scope, timeline, and commercial terms agreed for that Campaign, which shall be read as part of this Agreement for that Campaign.

3.4 The relationship is non-exclusive. Nothing restricts Collabmate from engaging other influencers, or the Influencer from other work, save for any exclusivity expressly agreed for a specific Campaign under Clause 13.

4. Joining Fee

4.1 A one-time, non-recurring Joining Fee of ₹5,900 including GST is payable by the Influencer to Collabmate in order to complete registration and become an active registered influencer.

4.2 The Joining Fee is payable through the payment methods made available on the Platform.

4.3 The Joining Fee is subject to the cancellation and payment terms set out in Clauses 5 and 6.

5. Cancellation of Joining Request

5.1 The Influencer may cancel the joining request within 1 (one) hour of submitting it, in which case no Joining Fee shall be payable and the registration shall lapse.

5.2 After the expiry of the said 1 (one) hour, the joining request cannot be cancelled, and the Joining Fee becomes due and payable in accordance with Clause 6.

5.3 The Influencer acknowledges that the cancellation window and the resulting obligation to pay the Joining Fee have been clearly disclosed prior to acceptance.

6. Payment of the Joining Fee

6.1 Where the joining request has become non-cancellable under Clause 5, the Influencer shall pay the Joining Fee within 2 (two) days (48 hours) of the joining request becoming non-cancellable.

6.2 If the Joining Fee is not paid within the said period, the amount shall be treated as an outstanding contractual due owed by the Influencer to Collabmate, and Collabmate reserves the right to recover the same through lawful means, including issuing reminders and pursuing recovery in accordance with applicable law.

6.3 The Joining Fee, once validly paid after the cancellation window, is non-refundable except where required by applicable law or expressly agreed by Collabmate in writing.

7. Commission and Payment to the Influencer

7.1 Collabmate shall be entitled to a Commission of 20% (twenty percent) of the amount payable in respect of each Successful Campaign completed by the Influencer through Collabmate.

7.2 The balance amount, after deduction of the Commission and any applicable taxes and statutory deductions (including Tax Deducted at Source), shall be paid to the Influencer within Net 30 days of Collabmate receiving cleared payment from the relevant Brand.

7.3 The Influencer is responsible for issuing valid invoices where required and for providing accurate bank/UPI and tax details.

7.4 No amount shall be payable to the Influencer for Deliverables that are not published, are withdrawn early, materially fail to meet the brief, or are produced in breach of this Agreement.

8. Eligibility and Influencer Information

8.1 The Influencer confirms that they are at least 18 (eighteen) years of age (male/female) and legally competent to contract under the Indian Contract Act, 1872.

8.2 The Influencer owns or lawfully controls the social media account(s) registered under this Agreement and has provided accurate account, KYC, tax (PAN/GST where applicable), and bank details.

8.3 The Influencer's follower base and engagement are genuine and have not been artificially inflated through bots, purchased followers, or fraudulent means. Any breach of this clause is a material breach of this Agreement.

8.4 The Influencer shall keep all information current and shall promptly notify Collabmate of any change.

9. Campaign Participation and Deliverables

9.1 Upon accepting a Campaign, the Influencer shall produce the Deliverables in accordance with the brief, agreed timelines, format specifications, and brand guidelines.

9.2 The Influencer shall submit Content for review and approval where required and shall make reasonable revisions requested before publication.

9.3 The Influencer shall not materially alter, delete, or take down published Campaign Content during the agreed retention period without Collabmate's prior written consent.

9.4 The collabmate will give 10 leads to the influencer after the registration. If further the influencer wants then the influencer have to pay amount of Rs 5,900 including GST.

9.5 Once the influencer collabing with other company faces or if any problem arises between the company and the influencer here Collabmate will be not liable and it will be solely matter of the influencer and the company.

9.6 If influencer does any breach of contract no payment will be given and legally action will be taken against him/her

10. Content Standards and Advertising Disclosure

10.1 The Influencer shall ensure that all promotional or paid Content carries a clear, prominent, and upfront disclosure label (such as "#ad", "#sponsored", "#collaboration", or an equivalent recognised by the platform), in compliance with the ASCI Guidelines for Influencer Advertising in Digital Media and the CCPA Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022, under the Consumer Protection Act, 2019.

10.2 The disclosure shall be appropriate to the medium (video, image, audio, live) and shall not be obscured or buried among other tags.

10.3 The Influencer shall only endorse products or services they have genuinely used or about which they hold an honest opinion or have conducted adequate due diligence, and shall not make false, misleading, or unsubstantiated claims.

10.4 Content shall not be defamatory, obscene, discriminatory, unlawful, infringing, or in breach of any third-party right or platform guideline.

10.5 The Influencer is solely responsible for compliance with this Clause, and any regulatory penalty arising from the Influencer's non-compliance shall be the Influencer's responsibility.

11. Intellectual Property and Content Licence

11.1 Unless otherwise agreed for a Campaign, the Influencer retains ownership of the original Content but grants Collabmate and the relevant Brand a worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, repost, adapt, and display the Campaign Content for marketing, promotional, and portfolio purposes for the period specified in the Campaign (or, if unspecified, for 12 months from publication).

11.2 Where a Campaign requires full assignment, exclusive usage, or paid-ad usage ("whitelisting"), the specific terms and any additional fee shall be agreed for that Campaign.

11.3 The Influencer warrants that all Content is original or that all necessary rights, licences, and consents (including for music, footage, images, or third-party appearances) have been obtained and that its use will not infringe any third-party right.

11.4 The Influencer shall not use Collabmate's or any Brand's trademarks, logos, or confidential materials except as expressly authorised for a Campaign.

12. Representations and Warranties

The Influencer represents and warrants that: (a) all information provided is true and not misleading; (b) they have the authority to enter into this Agreement and grant the licences herein; (c) they will comply with all applicable laws, including the Consumer Protection Act, 2019, the Information Technology Act, 2000, ASCI and CCPA guidelines, and platform rules; and (d) their Content and conduct will not bring Collabmate or any Brand into disrepute.

13. Prohibited Conduct and Exclusivity

13.1 The Influencer shall not: (a) publish false or unsubstantiated claims; (b) omit required disclosures; (c) engage in fake engagement, click fraud, or misrepresentation of results; (d) publish unlawful, hateful, defamatory, or obscene material; or (e) disclose confidential Campaign or Brand information.

13.2 Where a Campaign specifies exclusivity, the Influencer shall not promote a directly competing brand during the agreed exclusivity period.

13.3 The Influencer shall not circumvent Collabmate to deal directly with a Brand introduced through Collabmate during a Campaign and for 6 months thereafter, where doing so would bypass agreed commercial arrangements.

14. Confidentiality

The Influencer shall keep confidential all non-public information disclosed by Collabmate or a Brand (including briefs, rates, strategies, and unreleased products) and shall use it only for the relevant Campaign. This obligation survives termination of this Agreement.

15. Data Protection

15.1 Collabmate shall collect and process the Influencer's personal data in accordance with its Privacy Policy and the Digital Personal Data Protection Act, 2023.

15.2 By accepting this Agreement, the Influencer consents to the collection, processing, and sharing of their data with Brands and service providers as reasonably necessary to operate Campaigns and make payments.

16. Relationship of the Parties

The Influencer participates as an independent contractor. Nothing in this Agreement creates any employment, agency, partnership, or joint venture. The Influencer is not entitled to employee benefits and is responsible for their own taxes and statutory contributions.

17. Term and Termination

17.1 This Agreement commences upon electronic acceptance and continues until terminated in accordance with this Clause.

17.2 Either party may cancel or terminate this Agreement within one (1) hour from the time of execution/signing of this Agreement, without penalty or liability, by providing written notice to the other party.

17.3 Collabmate may terminate immediately, with notice, if the Influencer breaches this Agreement, provides false information, engages in prohibited conduct, or causes reputational harm.

17.4 Termination shall not affect accrued rights, payment obligations, or any provision intended to survive (including Clauses 6, 11, 14, 15, 18, and 19).

18. Indemnity

The Influencer shall indemnify and hold harmless Collabmate, its directors, employees, and Brands from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of: (a) the Influencer's breach of this Agreement; (b) the Content; (c) violation of any law or third-party right; or (d) any misrepresentation by the Influencer.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, Collabmate shall not be liable for any indirect, incidental, special, or consequential loss, or loss of profit, goodwill, or opportunity.

19.2 Collabmate's total aggregate liability in connection with any Campaign shall not exceed the total amount actually payable to the Influencer for that Campaign.

19.3 Collabmate does not guarantee any specific reach, engagement, sales, or outcome.

20. Disclaimers

The Platform and any tools are provided on an "as is" and "as available" basis. Collabmate does not warrant uninterrupted or error-free operation and is not responsible for the acts, omissions, or payment defaults of third-party Brands beyond its agreed obligations.

21. Governing Law and Dispute Resolution

21.1 This Agreement shall be governed by and construed in accordance with the laws of India.

21.2 The Parties shall attempt to resolve any dispute amicably. The dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Kolkata, conducted in English. Subject to arbitration, the courts at Kolkata, West Bengal shall have jurisdiction.

22. Notices

Notices to the Influencer may be sent to the email or contact provided during registration; notices to Collabmate shall be sent to support@collabmate.in. Electronic communication shall constitute valid notice.

23. Amendments

Collabmate may update this Agreement from time to time. The revised version will be posted on the Platform with an updated effective date. Continued registration or participation after the changes take effect constitutes acceptance of the revised Agreement.

24. General

24.1 Entire Agreement: This Agreement, together with its Schedules, any Campaign-specific terms, and the Privacy Policy, constitutes the entire agreement between the Parties.

24.2 Severability: If any provision is held invalid, the remaining provisions continue in full force.

24.3 Waiver: Failure to enforce any right is not a waiver of that right.

24.4 Assignment: The Influencer shall not assign this Agreement without Collabmate's prior written consent. Collabmate may assign to an affiliate or successor.

25. Electronic Acceptance

By clicking "I Agree", completing registration, or making payment of the Joining Fee, the Influencer confirms that they have read, understood, and accepted this Agreement in its entirety, and that such electronic acceptance is valid, binding, and enforceable under the Information Technology Act, 2000. No physical signature is required.