Usage Rights & Content License Agreement
This Usage Rights & Content License Agreement (“Agreement”) governs the rights granted by the Creator (“Creator”) to FirmPaw (“Company”) in connection with content created under a collaboration.
1. Ownership
Creator retains ownership of all original content produced under this collaboration, including videos, photos, captions, graphics, and related materials (“Content”).
Nothing in this Agreement transfers ownership of the Content to FirmPaw.
2. License Grant
Creator grants FirmPaw a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, distribute, publicly display, publicly perform, repost, edit, adapt, crop, resize, reformat, caption, combine with other materials, and otherwise repurpose the Content for commercial, marketing, advertising, promotional, and sales purposes.
This includes, without limitation:
- Organic social media content
- Paid advertising (including Meta, TikTok, Google, YouTube, Pinterest, and other digital platforms)
- Retargeting, prospecting, and performance campaigns
- Website, landing pages, and product pages
- Email and SMS marketing
- Marketplace listings (Amazon, retail partners, etc.)
- PR, press releases, digital and physical marketing materials
FirmPaw may duplicate, edit, and modify the Content for performance optimization purposes (including creating variations, testing hooks, captions, formats, thumbnails, or combinations with other creative assets), provided the core message is not materially misrepresented.
3. Duration of Rights
Organic usage: Perpetual
Paid advertising usage: Perpetual
FirmPaw may continue using the Content in paid and organic placements indefinitely unless a separate written limitation is agreed.
4. Whitelisting / Spark Ads
If mutually agreed, Creator may provide access for whitelisting or Spark Ads. Specific technical access and duration will be confirmed in writing prior to activation.
5. Credit
FirmPaw will credit Creator where reasonably feasible (e.g., organic social posts). Creator acknowledges that credit may not be possible in paid advertising, email campaigns, landing pages, or certain placements.
6. No Exclusivity
This Agreement does not create exclusivity unless explicitly agreed in writing. Any exclusivity must define scope, territory, and duration separately.
7. Creator Representations & Warranties
- The Content is original and does not infringe upon third-party rights.
- All music, sounds, fonts, or media used are cleared for commercial use.
- All individuals appearing in the Content have provided necessary consent.
- The Content complies with applicable advertising and disclosure laws.
- All claims about the product are honest and based on genuine experience.
Creator agrees to indemnify and hold harmless FirmPaw from claims arising from breach of these representations.
8. Product Representation & Brand Integrity
Creator agrees not to make false, misleading, or unsubstantiated claims regarding FirmPaw products. Content must reflect an honest experience and may not include medical, safety, or performance claims beyond what is demonstrable or approved.
9. Performance Optimization Rights
- Edit, crop, reformat, caption, translate, or combine the Content
- Create derivative advertising variations
- Test multiple versions for performance optimization
- Use Creator’s likeness, voice, and handle in connection with the Content
Such modifications will not materially distort Creator’s likeness in a way that harms reputation.
10. Compensation
Compensation terms (affiliate commission, gifted product, flat fee, or hybrid structure) are outlined separately. No additional royalties or residual payments are owed for usage within the scope of this Agreement.
11. Termination
If the collaboration ends, FirmPaw may continue using Content already produced under this license. Removal requests may be considered at FirmPaw’s discretion.
12. Moral Rights
To the extent permitted by law, Creator waives any moral rights that would prevent FirmPaw from editing or adapting the Content, provided it is not used in a defamatory or misleading manner.