TERMS & CONDITIONS

These Terms & Conditions ("Terms", "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User", "you", "your") and **TriVergeTech Pvt. Ltd.** ("Company", "we", "us", or "our"), regarding your access to and use of the **Affluence Media** website located at affluencemedia.inand affluencemedia.one(collectively, the "Websites"), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Platforms"), and the services provided by the Company (collectively, the "Services").

The Company is incorporated in India under the Companies Act, 2013, with its registered office situated in Shahdol, Madhya Pradesh. By accessing the Platforms, registering an account, or purchasing or participating in our Services (whether as an Influencer, Creator, Brand Partner, Advertiser, or casual visitor), you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are explicitly prohibited from using the Platforms or Services and must discontinue use immediately.

1. Acceptance of Terms and Amendments

Your access to and use of our Platforms and Services is conditioned upon your acceptance of and compliance with this Agreement. These Terms apply to all visitors, users, and others who access or use the Platforms or Services.

The Company reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time without prior individual notice. Any modifications will become effective immediately upon being posted on the Platforms. It is your responsibility to review these Terms periodically for changes. Your continued use of the Platforms or Services following the posting of any changes constitutes binding acceptance of those changes.

2. Platform Definitions and Client Segments

• ⚡"Influencer" or "Creator": Any individual, talent group, or content creator who signs up, registers, or collaborates with Affluence Media to promote brand content, review products, or participate in marketing campaigns.
• ⚡"Brand Partner", "Client", or "Advertiser": Any corporate entity, merchant, or organization utilizing our Services to cast influencers, execute digital campaigns, or purchase performance marketing and PR solutions.
• ⚡"Campaign Brief" or "Statement of Work (SOW)": The electronic document or message detail outlining the deliverables, timelines, content requirements, payout terms, and specific targets for a given marketing campaign.

3. Eligibility and User Representations

By utilizing the Services, you represent and warrant that:

• ⚡You are at least 18 years of age, or have obtained explicit parental/legal guardian consent to enter into this Agreement.
• ⚡You possess the legal capacity and authority to agree to and comply with these Terms.
• ⚡All registration information you submit is truthful, accurate, current, and complete, and you will maintain its accuracy.
• ⚡Your use of the Services does not violate any applicable local, national, or international law or regulation.

4. Account Management and Security Covenants

To access specific features, you may be required to register a profile. You agree to hold sole responsibility for safeguarding the confidentiality of your login credentials (username, passwords, API keys) and for restricting unauthorized access to your computer or device. You agree to accept liability for any activities that occur under your account.

The Company reserves the right to suspend, terminate, or modify your profile, usernames, or registered details in its sole discretion, without liability, if any information provided is determined to be false, outdated, or in violation of these Terms.

5. Influencer Obligations and Deliverable Standards

Creators registered or contracting with the Company for campaign execution agree to adhere to the following covenants:

• ⚡Compliance with Briefs: Content must be created, formatted, and published in strict compliance with the Campaign Brief, representing authentic user opinions without misleading statements.
• ⚡Disclosure Regulations: You must prominently include legal sponsorship disclosures (e.g., #Ad, #Sponsored, #PaidPartnership) on all promotional content in compliance with consumer protection guidelines (ASCI in India, FTC internationally).
• ⚡Copyright Integrity: All creative submissions must be your original work. Plagiarism, unlicensed music usage, or trademark infringement is strictly prohibited and constitutes a material breach of this Agreement.
• ⚡Authentic Metrics: You represent that your social media engagement, followers, and viewership metrics are completely organic. The use of bots, click farms, or coordinate networks to inflate analytics will result in immediate campaign termination and forfeiture of payouts.

6. Brand Responsibilities and Campaign Terms

Brands and Client Partners utilizing the Platforms to cast campaigns or purchase performance media agree to:

• ⚡Campaign Criteria: Provide clear briefs, asset requirements, and target metrics before the commencement of campaign work.
• ⚡Timely Payments: Approve creator drafts within the designated timelines and settle all invoicing milestones as agreed under active SOWs.
• ⚡Creator Respect: Engage with creators ethically, respecting creative independence and communication boundaries.

7. Exclusivity and Non-Circumvention Covenants

To protect the Company's proprietary business relationships and investments:

• ⚡Non-Circumvention: Brand Partners and Creators explicitly agree not to bypass, circumvent, or negotiate directly with each other to avoid the Company's commission or service fees.
• ⚡Circumvention Penalty: If a Brand Partner or Creator circumvents the Company to enter a direct professional engagement during a campaign or within 12 months after its conclusion, both parties shall be jointly and severally liable to pay the Company a circumvention fee equal to 30% of the total contract value or the equivalent of the Company's projected commission, whichever is higher.
• ⚡Exclusivity: Creators engaged under exclusive representation covenants may not accept brand deals or marketing partnerships outside the Company's routing without prior written consent from the Company.

8. Payments, Commission structures, and Taxes

Financial transactions are governed by the specific terms set out in invoices, insertion orders, or digital SOWs:

• ⚡Payment Terms: Brand payments are due within the net period specified on the invoice (typically Net 30). Late payments may accrue interest at the rate of 1.5% per month.
• ⚡Influencer Payouts: Creator payments will be processed within the timeline agreed in the SOW (normally within 30-45 days post successful post verification and brand payment clearance).
• ⚡Taxes and Withholding: All payouts are subject to applicable taxes, including Goods and Services Tax (GST) and Tax Deducted at Source (TDS) under Section 194J or 194R of the Indian Income Tax Act, 1961. Both Creators and Brands must supply valid tax numbers (PAN, GSTIN) to facilitate transactions.

9. Intellectual Property and Licensing Rights

Unless otherwise specified in an active SOW:

• ⚡Content Ownership: Creators retain the initial copyrights of their original content.
• ⚡Brand Usage License: The Creator grants the sponsoring Brand a non-exclusive, worldwide, royalty-free license to use, display, distribute, repost, and run paid advertisements using the content for a period of twelve (12) months from the publication date.
• ⚡Agency Showcase License: The Creator and Brand Partner grant the Company a perpetual, royalty-free, worldwide license to display campaign assets, creator names, and brand logos within our portfolio, case studies, website showcases, and promotional pitch decks.

10. Confidentiality Covenants

During your engagement and thereafter, you agree to keep strictly confidential all non-public information obtained, including but not limited to influencer pricing lists, brand ad budgets, conversion metrics, campaign briefs, tech layouts, and administrative systems. You agree not to disclose this data to any third party without explicit prior written consent from the Company.

11. Prohibited Activities

You may not access or use the Platforms for any purpose other than that for which we make them available. Prohibited activities include:

• ⚡Systematically retrieving data or content to create or compile a database, directory, or scraper.
• ⚡Circumventing, disabling, or interfering with security-related features of the Platforms.
• ⚡Using the Platforms to advertise or offer to sell goods and services without authorization.
• ⚡Engaging in any automated use of the system, such as using scripts to send comments or messages.

12. Disclaimer of Warranties and Limitation of Liability

THE PLATFORMS AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORMS AND SERVICES.

IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

13. Indemnification

You agree to defend, indemnify, and hold the Company, its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your campaign submissions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; or (5) any overt harmful act toward any other user of the Services or Platforms.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Platforms or Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW.

15. Dispute Resolution and Arbitration

Governing Law: These Terms and your use of the Platforms and Services are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Amicable Settlement: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties shall first attempt to resolve the matter amicably through mutual negotiations within thirty (30) days of written notice.

Binding Arbitration: If the dispute is not resolved amicably, it shall be referred to and finally resolved by binding arbitration conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 (including any statutory amendments). The tribunal shall consist of a sole arbitrator appointed mutually by the parties. The venue and seat of arbitration shall be New Delhi, India. The language of the arbitration shall be English, and the arbitral award shall be final and binding on all parties.

16. Miscellaneous Legal Provisions

• ⚡Severability: If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole.
• ⚡Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure arises from any cause beyond its reasonable control, including natural disasters, internet outages, government mandates, or civil wars.
• ⚡No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• ⚡Entire Agreement: These Terms and any SOWs constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us at:

Entity: TriVergeTech Pvt. Ltd.
Address: Ward No 15 Michael Chowk, Dhanpuri, Shahdol, Madhya Pradesh, India, 484114
Email: hello@affluencemedia.in