Advertiser Terms & Conditions

1. Introduction & Acceptance

1.1 These Terms

These Advertiser Terms & Conditions (“Terms”) are a legally binding business-to-business agreement between you (“Advertiser”, “you”, “your”) and Brief72 (“Brief72”, “we”, “us”, “our”). They cover your use of the Brief72 website at brief72.com and the brand web app at brands.brief72.com (together, the “Platform”), the services we provide through them (the “Services”), and every Campaign you book with Brief72.

1.2 How you accept these Terms

When you create a Brief72 account, you must tick a box to agree to these Terms and the Referral Programme Terms, and to confirm that you’ve read our Privacy Policy. Ticking the box is your signature of these Terms, and you agree to be bound by them. We record when you ticked it and which versions you accepted. If we update these Terms, or we have no record of your acceptance, we’ll ask you to tick the box again when you next sign in. You also accept these Terms, and the Order Form, each time you book a Campaign or pay us.

Our Privacy Policy and Cookie Notice explain how we use personal data and cookies. They aren’t part of this contract.

1.3 If you act for an organisation

If you accept these Terms for a company or other organisation, you confirm that you’re authorised to bind it, and “Advertiser”, “you” and “your” then mean that organisation. If you aren’t authorised, or you don’t agree with these Terms, you must not use the Services.

1.4 These Terms apply instead of yours

These Terms apply instead of any other terms, for example in your purchase order, vendor onboarding pack or supplier portal, whenever and however you send them, unless Brief72 agrees to them in writing.

1.5 Online contracting rules

As we’re both businesses, we agree that regulations 9(1), 9(2) and 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 (information about the steps for making the contract online, and acknowledging orders) don’t apply.

2. Definitions

In these Terms:

• Advertiser Materials: the logos, trade marks, brand guidelines, product information and images, copy, claims, scripts, offers, links, briefs, audience data and any other material you (or anyone acting for you) give Brief72 or Creators for a Campaign.
• Approved Content: Content that Brief72’s team has passed and you have approved in the Platform, or that Brief72 has approved for you under clause 10.3 or 10.6.
• Balance: the amount you’ve paid Brief72 in advance for its services, recorded separately for each of your Brands and shown in the Platform (clause 15.2).
• Brand: a brand you manage in the Platform. Each Brand has its own Balance and Campaigns.
• Campaign: a marketing campaign you book under an Order Form, with its brief, budget, dates and other settings.
• Campaign Brief: the brief and instructions for a Campaign, including what Creators must and mustn’t say or show, and the wording every post must include.
• Campaign End: the first day on which a Campaign’s end date has passed and no Creator on it is still making Content, waiting for review or in their views check.
• Content: any video, image, audio, caption, hashtag, raw file or other material a Creator makes for a Campaign.
• CPV (cost per view): the price per view set for a Campaign (clause 14).
• Creator: an independent content creator registered on Brief72. Each Creator provides their services to Brief72 as an independent business, under the Creator Terms. Creators aren’t employees, workers, agents or representatives of Brief72 or of any Advertiser.
• Creator Terms: Brief72’s Creator Terms & Conditions, which govern the relationship between Brief72 and each Creator.
• Expected Views: the views Brief72 forecast for a Creator’s Content before the Creator was accepted, as shown in the Platform.
• In writing: includes email, and messages sent through the help button in the Platform.
• Launch: the day Brief72 accepts a Campaign under clause 6. From then on, Creators who match it can see the Campaign Brief and apply.
• Order Form: the record of a Campaign. For a Campaign booked in the Platform, it’s the details you enter and Brief72 accepts. For any other Campaign, it’s the proposal, statement of work or other document we both agree in writing.
• Platform: the Brief72 website at brief72.com and the brand web app at brands.brief72.com.
• Posting Channel: a social media platform on which a Creator posts Content, such as TikTok, Instagram or YouTube.
• Regulated Campaign: a Campaign for betting, gaming, lotteries, alcohol or financial products or services, or any Campaign whose Campaign Brief marks it as regulated. Its Content is never approved by default (clause 10.7).
• Restricted Campaign: a Campaign for betting, gaming, lotteries or alcohol, or any other Campaign where Content must be age-restricted or a Posting Channel limits who can see it. It has no Views Guarantee unless we agree one in writing (clause 14.10).
• Verified Views: views of Approved Content as counted and checked under clause 13.
• Views Guarantee and Guaranteed Views: Brief72’s promise about a Campaign’s views, and the number of views it covers, as set out in clause 14.
• Working day: Monday to Friday, except bank holidays in England.

3. Eligibility, Account Creation & Agencies

3.1 Businesses only

Brief72 works only with businesses. You must use the Services only for your trade, business or profession. Brief72 doesn’t contract with consumers: if you’re an individual, you confirm that you’re booking Campaigns for your business (for example as a sole trader), not for personal reasons. If we find that you’re using the Services as a consumer, we may end these Terms, and we’ll refund your Balance and any Campaign budget you haven’t used.

3.2 Where we work

The Services are for Advertisers established in the United Kingdom who can pay in pounds sterling from a UK bank account, or another bank account we accept. We may offer them in other countries later, with extra terms (for example on currency, tax and compliance). If you book a Campaign for an audience outside the UK, you’re responsible for following the laws and codes of practice of every country where it will be published.

3.3 Registering

To register and use the Services, you must:

• be a business (a company, LLP, partnership, sole trader or other organisation) lawfully set up where you’re based;
• register through someone with authority to bind your business;
• give accurate and complete details of your business, including its legal name, address, company number and VAT number (where you have them), and the name, role and contact details of each person who uses your account, and keep them up to date;
• make sure that all products, services, claims, brands and Advertiser Materials connected with a Campaign comply with the law;
• not be subject to UK, US, EU, UN or other applicable sanctions, export controls or restrictions; and
• not have had an Advertiser account closed for breaching these Terms, unless we’ve agreed in writing to let you back.

If you register on our website, our team will look at your business and get in touch to welcome you before we open your account. Until we do, you can sign in, but you can’t use the rest of the Platform. We’ll email everyone on your account when it’s open. An account our team sets up for you is open straight away.

3.4 Agencies

If you’re an agency booking Campaigns for a client:

• you contract with Brief72 as principal, not as your client’s agent. You’re responsible for paying for every Campaign you book, and for everything you and your client must do under these Terms, whether or not your client pays you;
• you confirm that your client has authorised you to book Campaigns for its brand and to give us its Advertiser Materials, and that it has approved the Campaign Brief and every claim in it;
• you’ll make sure your client keeps to clauses 8, 9, 12.3, 18, 19, 21 and 24 as if it were the Advertiser, and you’re responsible for anything your client does that would breach them;
• the rights in Approved Content pass to you under clause 18, and you may pass them on to your client. If you do, make sure your client knows about, and keeps to, the limits in clause 18.4; and
• each client is a separate Brand in the Platform, with its own Balance. When we pay money back to a bank account, we pay whoever paid us, unless you ask us in writing to pay someone else and we agree.

3.5 Our right to refuse

Brief72 may refuse a registration, or ask for more checks at any time, without giving reasons. Clause 29 says when we may suspend or close an account.

4. Account & User Security

You decide who can use your account. You’re responsible for giving and removing their access, and for everything done through your account, whether or not you authorised it. You must:

• keep all log-in details secure and confidential, and use any extra sign-in security we offer;
• promptly remove access for people who leave your organisation or change role;
• tell Brief72 straight away at [email protected] if you suspect that anyone has used your account without permission; and
• remain responsible for all use of the Services through your account.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in line with these Terms. You must not:

• use the Services in any way that breaks the law or any regulation;
• introduce any malicious code, virus, worm, trojan, ransomware or other harmful code, or try to interfere with or disrupt the Services, or the servers, networks or accounts of Brief72, any Creator or anyone else;
• try to gain unauthorised access to the Services, or to data, accounts, dashboards or content other than your own;
• use any robot, scraper, crawler, automated script or modified client to extract data or features from the Services;
• decompile, disassemble, reverse engineer, modify or create derivative works of the Services or any part of them, except as far as the law expressly allows;
• contact a Creator outside the Platform, ask them to deal with you directly, or ask them for passwords or log-in details, except as clause 8.1 allows (sending products) or as we arrange under clause 27.2 (paid promotion);
• harass, threaten, defame or discriminate against any Creator;
• get around any rate limits, fraud-prevention controls, security or content-protection features; or
• use the Services in any way that could disable, overburden, damage or impair them, or interfere with anyone else’s use of them.

Breaking this clause 5 is a material breach. We may suspend your access or your Campaigns straight away while we look into it, and end these Terms under clause 29.5. We won’t take your Balance or unused Campaign budget as a penalty. We may only hold back from a refund amounts you owe us, including our reasonable losses caused by the breach, and we’ll tell you how we worked them out.

6. Booking a Campaign

6.1 How you book

In the Platform, you book a Campaign by choosing the Brand it’s for and entering its details: its name, dates, budget, Posting Channels, categories, the Creators you’d like (for example by age or location) and the Campaign Brief. Its budget is reserved from that Brand’s Balance when you create it (clause 15.1). You then submit it for review. Brief72 reviews the Campaign and accepts it, declines it or asks you for changes, and tells you in the Platform. A Campaign is agreed, and these Terms and its Order Form bind us both for it, when we accept it. We can also agree a Campaign outside the Platform, in a document we both sign or confirm in writing.

6.2 What the Order Form sets out

The Order Form for a Campaign sets out:

• its dates (the “Campaign Period”) and budget;
• its CPV, target views and Guaranteed Views (clause 14);
• its Posting Channels, and the Creators’ ages and any other preferences; and
• the Campaign Brief, including the wording every post must include.

Unless the Order Form says otherwise:

• each accepted Creator makes one video for one Posting Channel;
• Creators have the time and attempts set out in clauses 10 and 12;
• Content must stay live for the Minimum Live Period in clause 12.1;
• the Campaign is for UK audiences; and
• there’s no fixed number of Creators.

6.3 Before we accept

Until we accept a Campaign, the CPV, target views and Guaranteed Views shown in the Platform are estimates, and they may change, for example if our rate card changes. If they change, we’ll tell you before we accept, and you can change or delete the Campaign, which frees up its budget in your Balance.

6.4 After we accept

Once we’ve accepted a Campaign, we won’t change its budget, CPV, Guaranteed Views or Campaign Brief without your agreement in writing, except to correct an obvious mistake, which we’ll tell you about. Changes you ask for are covered by clause 14.9.

6.5 If we decline a Campaign or end it early

Brief72 may decline any Campaign before accepting it. After accepting it, we may end it before you’ve accepted any Creator if we reasonably think it involves unacceptable legal, regulatory, brand-safety or reputational risk, or that we won’t find suitable Creators. Either way, we’ll put its whole budget back into your Balance.

6.6 If an Order Form and these Terms differ

An Order Form agreed outside the Platform takes priority over these Terms for that Campaign only, and only where it expressly changes a clause of these Terms.

6.7 Adding budget, more time and closing a Campaign

Once we’ve accepted a Campaign, you can do these in the Platform. Each is your agreement to the change for clause 6.4.

• Adding budget. While the Campaign is running, or once it has finished because it was full, you can add to its budget from your Balance. It’s charged at the Campaign’s CPV, unless we offer you a lower CPV for budget you add, which the Platform shows. Before you confirm, the Platform shows the extra target views it buys. Those views are added to the Campaign’s target views, and so to its Guaranteed Views where those are the target views (clause 14.2). Clauses 14 and 15 apply to added budget as to the rest of the budget.
• More time. From seven (7) days before the Campaign’s end date until thirty (30) days after it, while some of its budget for Creators isn’t taken, you can move its end date later, by up to ninety (90) days at a time. The Campaign Period is extended to the new end date. Moving the end date this way isn’t a Material Brief Change (clause 14.9): the CPV and the Guaranteed Views stay the same. We can also change a Campaign’s dates with your agreement, or extend it under clause 14.
• Closing. Once all of a Campaign’s budget for Creators is taken, or its end date has passed, and no Creator is still making Content, waiting for review or in their views check, you can close it. No more Creators can then join it. Adding budget opens it again.
• Finishing early. A Campaign finishes at Campaign End or, if earlier, once all of its budget for Creators is taken, every Creator on it has finished, and its Counted Views have reached its target views. We’ll tell you when it finishes.

Whichever way a Campaign finishes, what you pay and any budget that wasn’t used are worked out at the Final Count, and the Refund goes back into your Balance (clause 14.5).

7. Our Roles & Choosing Creators

7.1 Brief72 provides the Campaign

Brief72 runs each Campaign and provides it to you as principal. You contract only with Brief72. Brief72 engages each Creator in its own name: each Creator provides their services to Brief72 as an independent business, and Brief72 pays them from its own account. Brief72 isn’t your agent or any Creator’s agent. You aren’t a party to any Creator’s contract with Brief72, and no Creator is your, or Brief72’s, employee, worker or agent. You mustn’t instruct, engage or pay Creators directly, except as these Terms allow (see clause 24).

7.2 What Brief72 does

Brief72 runs the Campaign through the Platform. We show it to Creators who match it, check the Creators who apply, put forward those who pass our checks, review their Content against the Campaign Brief and the law before you see it, check their posts and views, pay them, and report to you.

7.3 Choosing Creators

• You accept or decline, in the Platform, each Creator we put forward. You’ll see their profile and, where we can work them out, their Expected Views. If we can’t show a Creator’s Expected Views yet, your acceptance takes effect once our team has confirmed them, and the Creator can then decide not to go ahead.
• If you haven’t answered within two (2) working days of a Creator being put forward, we may accept suitable Creators for you, so that the Campaign starts on schedule.
• We may add Creators or new Content to keep the Campaign on track (clause 14.4). We may also replace Creators who drop out, miss deadlines or fail our checks, and turn Creators down, or remove them, for compliance reasons.
• We’ll tell you when we accept, add, replace or remove a Creator for you.
• Once you’ve accepted a Creator, you can remove them only before their Content is approved, and only for a good reason connected with the Campaign Brief, the law or brand safety. Tell us why. If you remove a Creator after our team has passed Content they uploaded on time, and your reason isn’t connected with the Campaign Brief, the law or the Creator’s own conduct, it counts as cancelling their place, and clause 29.2 applies to that Content.

7.4 Choosing fairly

You must not choose, decline or remove a Creator, or ask us to, because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation, unless the Equality Act 2010 allows it. For example, it may allow it where the Content needs a particular person to be authentic, or where the law or the advertising rules require it (such as the 25+ rule for age-restricted Campaigns). If you set a preference in the Platform, such as a gender or an age range, you confirm that there’s a lawful reason for it, and you’ll tell us what it is if we ask. We may remove a preference we don’t think is lawful.

7.5 What you’re responsible for

You must:

• give us an accurate, lawful and complete Campaign Brief, and the Advertiser Materials the Campaign needs;
• make sure your products, services and offers are available as the Campaign Brief says;
• decide on Creators and review Content on time (clauses 7.3 and 10);
• hold the evidence for every claim you ask Creators to make (clause 8.4); and
• make sure your products and services comply with the law.

7.6 Creators who don’t deliver

Once accepted, a Creator has 72 hours to upload their video, and 48 hours to post it once it’s approved (clauses 10.2 and 12.1). Time spent waiting for us or for you never counts against them. If a Creator misses a deadline, uses all their attempts or fails our checks, we may close their place. Their share of the budget (clause 14.1) is then used for another Creator on the Campaign, or goes back into your Balance (clause 15.1). You don’t pay for Content that doesn’t become Approved Content and pass its views check, except as clauses 10.7, 14.8 and 29.2 say.

8. Products, Samples & Advertiser Materials

8.1 Products, samples and vouchers

The Campaign Brief says how Creators get your product:

• they buy it themselves, at the price and from the shop the Campaign Brief names. The Campaign Brief says whether they’re paid back, and up to how much. Paying them back is Brief72’s own cost: we pay the Creator under the Creator Terms, and charge you the amount the Campaign Brief states from your Balance, on top of the Campaign’s budget (we’ll confirm the total before we accept the Campaign);
• you send it to them directly; or
• they use one they already own, where the Campaign Brief allows it.

Brief72 doesn’t ship, store, handle or take ownership of any product, sample or voucher. If you send products, you do so at your own cost and risk, by the dates in the Campaign Brief, to the name and address we give you with the Creator’s agreement. The supply is between you and the Creator. You must make sure that products can be bought, or are delivered, in time for Creators to meet their deadlines.

You warrant that every product you promote or supply:

• is safe and lawfully on sale in the UK, and in any other country the Campaign is for;
• complies with the General Product Safety Regulations 2005 (or any law that replaces them), the Consumer Protection Act 1987, and all other product, packaging, labelling, ingredients and safety law;
• carries the warnings the law requires, including allergens and age restrictions; and
• has any certification, registration or licence the law requires.

If we give you a Creator’s name, address or delivery instructions, you may use them only to deliver the product. You must keep them secure and confidential, and delete them once delivery is complete, unless tax or accounting law requires you to keep a record.

8.2 Licence of your Advertiser Materials

You give Brief72, and through Brief72 each Creator on the Campaign, a non-exclusive, royalty-free, worldwide licence to use, copy, store, host, display and edit the Advertiser Materials, and to include them in Content for the Campaign. You also allow this licence to be passed on to Posting Channels so that they can publish the Content. The licence lasts as long as the Content stays published, and for as long as Brief72 and the Creator may use the Content under clauses 18.2 and 18.7 (for example in Brief72’s case studies and the Creator’s portfolio), subject to clause 26.

8.3 Your promises about Advertiser Materials

You warrant that the Advertiser Materials, and their use as the Campaign Brief says, don’t and won’t infringe anyone’s intellectual property, privacy, publicity, contractual or other rights, aren’t defamatory, are accurate and properly substantiated, and comply with the law and the advertising codes (including the CAP Code).

8.4 Claims, offers and reviews in your Campaign Brief

• Before the Campaign starts, you must hold evidence for every objective claim you ask Creators to make, for example about your product, its price, its results, comparisons with competitors or any offer. If we ask, you must give us the evidence within two (2) working days. If you can’t, we may remove or change the claim, or decline the Campaign.
• Prices, discounts and offers in the Campaign Brief must be genuine, and available on the terms stated for as long as the Content is live. If one changes, tell us in time to update or remove the Content.
• Don’t ask Creators to say they’ve used a product they haven’t, to present Content as an independent review, or to hide that it’s an ad.
• You’re responsible for any website, app or landing page that Content links to.

9. Restricted & Prohibited Products

9.1 Not accepted

We don’t run Campaigns that promote or involve:

• tobacco; vapes and e-cigarettes (with or without nicotine) and their refills; nicotine pouches; or any other nicotine product, except licensed stop-smoking medicines (clause 9.2);
• prescription-only medicines, or any other medicine or treatment the law doesn’t allow to be advertised to the public;
• gambling that isn’t licensed by the Gambling Commission for customers in Great Britain;
• a financial promotion, unless clause 9.4 is met;
• weapons or ammunition, or anything else the law doesn’t allow to be sold or advertised to the people who will see the Campaign;
• political parties, candidates or referendum campaigns, or advertising on political or social issues;
• reviews: asking Creators to post reviews or ratings (for example on review sites, app stores or product pages), or anything that would be a fake review, or a review that hides an incentive, under the Digital Markets, Competition and Consumers Act 2024; or
• anything else that’s illegal in the UK, or that the Posting Channels don’t allow as branded content.

9.2 Accepted only with our written approval

These need our approval in writing before we accept the Campaign, and may need extra terms:

• alcohol, including alcohol-free versions of alcoholic brands (clause 9.6);
• betting, gaming and lotteries (clause 9.5);
• food or drink that may be high in fat, salt or sugar (clause 9.3);
• financial products and services (clause 9.4);
• medicines (including licensed stop-smoking medicines), medical devices, food supplements, weight control, cosmetic procedures, and any health or nutrition claim;
• CBD and other restricted plant products;
• dating or adult services;
• knives and self-defence products;
• products for children, or Content in which anyone under 18 appears (the Creator will need the written consent of a parent, and a child performance licence where the law requires one); and
• any other category we tell you about.

Tell us when you create the Campaign (for example by choosing the right category in the Platform) if any of these apply. Our approval covers that Campaign only, and we may decline any of these Campaigns. Campaigns for alcohol, betting, gaming, lotteries and financial products are Regulated Campaigns (clause 10.7), and you can mark any other Campaign as regulated in its Campaign Brief.

9.3 Food and drink high in fat, salt or sugar

• Since 5 January 2026, the law (section 368Z14 of the Communications Act 2003, and section 15 of the CAP Code) has banned paying for online ads for an identifiable less healthy food or drink product, and a paid Creator post is a paid-for online ad. The ban doesn’t apply to food or drink businesses with fewer than 250 people (counting your group and any franchise) advertising products they make or sell, or to ads that don’t show or identify a less healthy product.
• Before we accept a food or drink Campaign, you must tell us in writing whether any product in it is “less healthy” under the government’s nutrient profiling model, and how many people your business has (with your group and any franchise). If the ban applies, we won’t run Content that shows or identifies a less healthy product.
• Even where the ban doesn’t apply, Content for food or drink high in fat, salt or sugar mustn’t be directed at under-16s. So we won’t use Creators where more than 25% of the audience is under 16, and the Content must meet the rest of section 15 of the CAP Code.
• You’re responsible for the accuracy of what you tell us under this clause.

9.4 Financial products and services

An invitation or inducement to engage in investment activity is a financial promotion. That includes promotions for credit, insurance, investments and cryptoassets and, since 15 July 2026, buy-now-pay-later (deferred payment credit). Under section 21 of the Financial Services and Markets Act 2000, a financial promotion can only be communicated by an FCA-authorised firm, or with its content approved by a firm the FCA permits to approve it. A Creator’s post, and Brief72 arranging it, can count as communicating it. So we’ll only run a Campaign that includes a financial promotion if:

• you’re authorised by the FCA, or a firm with FCA permission to approve financial promotions has agreed to approve the Content;
• that firm approves each piece of Content in writing before it’s posted, and keeps it under review;
• you give us a copy of each approval; and
• Creators say only what the approved Content says.

If your compliance team considers that an exemption applies, you must confirm it to us in writing, naming the exemption, before we accept the Campaign. You must tell us straight away if an approval is withdrawn or the Content needs to change: we’ll then ask the Creator to take it down or change it, and clause 14.8 applies. Tell us what your product is before we accept the Campaign. Some products, such as payment apps, aren’t usually financial promotions under section 21, but other rules apply to them.

9.5 Betting, gaming and lotteries

(a) Your licence. You must hold, and keep in force, a Gambling Commission operating licence that covers every product the Campaign promotes, for customers in Great Britain. Give us your Gambling Commission account number before we accept the Campaign, and we’ll check it on the Commission’s public register. Tell us straight away if your licence is suspended, revoked, restricted or reviewed, or if the Commission takes any action that could affect the Campaign. We’ll then pause the Campaign.

(b) Posting Channel approvals. Posting Channels have their own rules for gambling content. For example, Meta needs written permission for both you and the Creator, TikTok only allows approved operators through its own tools, and YouTube needs your website certified. You must get, and keep, every approval the Posting Channels need before Content is posted, and give us evidence of it in the Platform. We won’t ask Creators to post on a Posting Channel until its approvals are in place. Missing approvals count as your delay under clause 14.7.

(c) The rules. Content must meet section 16 of the CAP Code (section 17 for lotteries), the Gambling Industry Code for Socially Responsible Advertising, and your licence conditions. In particular:

• nobody who is, or seems to be, under 25 may be shown gambling or play a significant role, so we only accept Creators aged 25 or over who have passed our ID check, for lotteries too;
• Content mustn’t be likely to appeal strongly to under-18s;
• we check each Creator’s audience before they take part, and we won’t use Creators where more than 25% of the audience is under 18, or who are likely to appeal strongly to under-18s; and
• every post must carry the ad label, “18+” and a safer gambling message.

(d) Offers. Every bonus or offer must meet your licence conditions, including the rules in force since 19 January 2026: no wagering requirement of more than 10 times, and no offer that mixes different types of gambling product (such as betting and casino). The Content must show the offer’s significant terms. You’re responsible for your offers and your landing pages.

(e) What Brief72 does as your third party. Your licence conditions (including licence condition 1.1.2, on responsibility for third parties) make you responsible for third parties who market for you. So for these Campaigns, Brief72 will:

• act, in what it does for you, as if it were bound by the same licence conditions and codes of practice as you, so far as they apply to marketing;
• give you any information you reasonably ask for to meet your obligations to the Gambling Commission;
• keep records of the checks in the compliance pack (Creators’ ID and age checks, declarations, audience checks, posts and their checks) for as long as our Privacy Policy says we keep campaign records; and
• make sure each Creator on the Campaign has agreed, under the Creator Terms, to follow these rules.

(f) Ending a Campaign. If you reasonably consider that Brief72 or a Creator has breached these rules or these Terms, or acted in a way that’s inconsistent with the licensing objectives, you may end the Campaign, or remove that Creator, straight away by telling us in writing. We’ll ask the Creators concerned to take their Content down. Because you approve Content before it’s posted, clause 29.2 then applies as for any cancellation: you pay for Content that’s already approved, or that was uploaded on time and passed by our team, and the rest of the budget goes back into your Balance. You don’t pay for Content that breached these rules.

(g) No Views Guarantee unless agreed. Every betting, gaming and lottery Campaign is a Restricted Campaign: there’s no Views Guarantee unless we agree one in writing before we accept the Campaign (clause 14.10). It’s also a Regulated Campaign, so its Content is never approved by default (clause 10.7).

(h) The permissions pack. The drafts, letters and checklists in the Platform are there to help. You’re responsible for checking them, and for what you send to the Posting Channels.

(i) Reusing Content. When you reuse Approved Content (clause 18), these rules apply each time, including the rules on the Creator’s age and on strong appeal to under-18s.

9.6 Alcohol

• Creators, and anyone else shown drinking or playing a significant role, must be, and look, 25 or over (section 18 of the CAP Code). We only accept Creators aged 25 or over for alcohol Campaigns.
• We won’t use Creators where more than 25% of the audience is under 18, and Content mustn’t appeal particularly to under-18s.
• You must tell us that the Campaign is for alcohol when you create it. It’s a Restricted Campaign and a Regulated Campaign (clauses 10.7 and 14.10).

10. Content Review & Approval

10.1 Your approval

Content becomes Approved Content only once Brief72’s team has passed it and you’ve approved it in the Platform, or we’ve approved it for you under clause 10.3 or 10.6. Creators must not post Content until it’s Approved Content. If a Creator posts early, we’ll ask them to take it down. Content posted without approval doesn’t count towards your Campaign, and you don’t pay for it.

10.2 How review works

• Once a Creator is accepted, they have 72 hours to upload their video in the Platform. That’s their first attempt.
• Brief72’s team reviews it first, against the Campaign Brief, brand safety and the law, and may ask the Creator for changes before you see it.
• When our team passes it on, it appears for you in the Platform, and we tell you by email.
• You then have three (3) working days to approve it or ask for changes (the “review window”). Until it’s approved, you can also ask us to pause the Campaign (clause 10.7).
• Once it’s approved, the Creator has 48 hours to post it (clause 12.1), and its views are then checked under clause 13.

10.3 Letting Brief72 approve for you

You can ask us in writing to approve Content for you: a particular video (for example, to approve it early), one Campaign, or all your Campaigns. When we do, we’ll use reasonable care and judgement, and apply the Campaign Brief, your brand guidelines and the law. Our approval binds you as if you’d given it. You can withdraw your request at any time for Content we haven’t yet approved.

10.4 Brief72’s veto

Even after you’ve approved it, Brief72 may, acting reasonably, refuse to let Content be posted, have it removed, or refuse to make changes to it, if in our view it: (a) breaks the law, a regulation or a code of practice (including the CAP Code); (b) breaks a Posting Channel’s rules or paid partnership policies; (c) infringes anyone’s intellectual property, privacy, publicity or moral rights; (d) breaks Brief72’s own published policies; (e) breaks the Creator Terms; or (f) would expose Brief72 to serious legal, regulatory or reputational risk. Using this veto isn’t a breach of these Terms. If we use it for a reason that isn’t connected with you, your products or your Advertiser Materials, we’ll replace the Content under clause 14.4.

10.5 Asking for changes, and turning Content down

• You may ask for changes only for reasons related to the Campaign Brief or the law: for example, because the video doesn’t show the product as the brief asks, leaves out required wording, or makes a claim that can’t be supported. Give your reasons in the Platform, and we’ll pass them on to the Creator.
• When you, or our team, ask for changes, the Creator gets one more attempt, with a fresh 72 hours. They don’t get any more attempts unless you allow a further one, or our team grants one.
• If the Creator has no attempts left, or the problem can’t be fixed, you can turn the Content down, again for a reason related to the Campaign Brief or the law. Their place then closes, and you don’t pay for that Content.
• If a request for changes, or a refusal, isn’t related to the Campaign Brief or the law, we’ll tell you, and the Content stays waiting for your review (clause 10.6 or 10.7 then applies).

10.6 If you don’t reply: reminders, a final notice, then approval by default

• We’ll remind you in the Platform and by email before the review window ends.
• If you haven’t approved the Content, asked for changes or asked us to pause the Campaign by the end of the review window, we’ll send you a final notice, giving you two (2) more working days.
• If there’s still no reply, our team may approve the Content on your behalf. A person in our team makes this decision; it’s never automatic. It counts as your approval: the Content becomes Approved Content, and it’s posted, paid for and charged like any other Approved Content.
• After it’s posted, you can still ask for it to be taken down for a genuine legal or factual problem, and we’ll ask the Creator to do so straight away. The Creator is still paid from your budget, and any shortfall in views that results is your responsibility: it isn’t covered by the Views Guarantee and isn’t refunded (clause 14.8).

This clause 10.6 doesn’t apply to Regulated Campaigns (clause 10.7).

10.7 Regulated Campaigns, and pausing a Campaign

• Content for a Regulated Campaign is never approved by default. If you haven’t replied by the end of the final notice, we’ll pause the Campaign instead.
• You can also ask us in writing to pause any Campaign until its Content is approved. While a Campaign is paused, the review window and Creators’ deadlines stop running.
• If you still haven’t responded within ten (10) working days after we pause a Regulated Campaign, or a Campaign stays paused at your request for more than ten (10) working days, Brief72 may end the Campaign by telling you in writing.
• If we end it, Creators are paid for Content they delivered on time (uploaded within their deadline and passed by our team), and you’re charged for that Content as if it had delivered its Expected Views (clause 14.8). It isn’t posted, but it’s yours once it’s charged to you (clause 18). The rest of the budget goes back into your Balance (clause 15.1), and the Views Guarantee, if one was agreed, doesn’t apply to the part of the Campaign that was ended.

11. Brand Safety & Creative Control

Brief72 runs Campaigns with reasonable care, in line with the Campaign Brief and reasonable brand-safety standards. However:

• Creators are independent businesses. They decide how to make their Content within the Campaign Brief, using their own equipment, and although we review it, we don’t control every aspect of how Creators speak, dress, perform or deal with their audience;
• we don’t control the algorithms, recommendations, comments, advertising placed next to Content, or other aspects of Posting Channels;
• if you need specific brand-safety exclusions (for example particular topics, competitors or language), you must set them out clearly in the Campaign Brief; and
• Brief72 isn’t liable for the personal acts, statements or conduct of Creators outside the Campaign.

If, after Content is posted, the Creator does or says something outside the Campaign that would seriously harm your brand’s reputation, and it isn’t connected with your products or claims, you can ask us to have the Content taken down. We’ll replace it under clause 14.4, rather than counting it under clause 14.8.

12. Posting, Minimum Live Period & Ad Labels

12.1 Posting

Once Content is Approved Content, the Creator has 48 hours to post it on the Posting Channel the Campaign is for, from the account they applied with, and to add the link to their post in the Platform. We remind them, and if they’re late, our team may close their place without a fee. Their share of the budget is then used for another Creator or goes back into your Balance (clause 7.6). Under the Creator Terms, the Creator must keep the post public and unchanged for at least six (6) months from posting, unless the Campaign Brief gives a different period (the “Minimum Live Period”). We’ll enforce this, but we can’t control Creators’ accounts or the Posting Channels. Clauses 14.4 and 14.8 say what happens if Content comes down early.

12.2 Ad labels

Every post must be clearly labelled as an ad, as the advertising rules and the Creator Terms require: with “Ad” or “#ad” at the start of the caption and the Posting Channel’s paid partnership label where it has one, plus any wording the Campaign Brief requires (such as “18+” and a safer gambling message). We check each video before it’s approved, and each live post during its views check (clause 13). If a post isn’t labelled properly, we ask the Creator to fix it.

12.3 Your part

You must not ask Creators to hide or play down the ad label. When you reuse Approved Content yourself (clause 18), you’re responsible for making it clear that it’s an ad wherever that isn’t already obvious.

12.4 Regulators

You, Brief72 and the Creator are each responsible for following the advertising rules that apply to each of you. You’ll help Brief72 with any enquiry by the ASA, the CMA or another regulator about a Campaign you booked.

13. Checking Views (Verified Views)

13.1 What a view is

A view is a view as the Posting Channel counts it: usually each time a video starts playing, including replays. It isn’t a count of different people.

13.2 The views check

When a Creator adds the link to their post in the Platform, we check the post several times over the next five (5) days (the “views check”). We read the post’s numbers from the Posting Channel’s own data or from a data provider we use. For YouTube we use YouTube API Services: by using the Platform’s YouTube features, you agree to be bound by the YouTube Terms of Service. Where those numbers aren’t available, our team may enter them by hand, with a note of where they came from.

13.3 Which views count

A post’s Verified Views are the views shown at its latest check that counts, less any views we exclude. We may exclude views we reasonably consider fake, automated, bought, incentivised in a way the Posting Channel doesn’t allow, or from the Creator’s own or connected accounts. We may also correct numbers that the Posting Channel later changes. Where we can’t confirm that a post’s views are genuine (for example, because of a warning sign we can’t resolve), none of its views count and you don’t pay for that post. Posts our team is still looking at don’t count until we’ve confirmed them.

13.4 Each post’s total

A post’s Verified Views at the end of its 5-day Views Check are its total: that’s what counts for the Campaign (clause 14.2). Later changes on the Posting Channel don’t change it. Our team may correct a total, for example if views turn out not to be genuine (clause 13.3), if the post comes down early, or for views from paid promotion (clause 27.2). You’ll see the reason in the Platform.

13.5 Doing this fairly

We apply these checks reasonably, in good faith and in the same way across Campaigns. You can see each post’s numbers in the Platform as they come in, and download them as a report. If you ask, we’ll give you a summary of any views we excluded and why.

13.6 If you think a number is wrong

Please tell us in writing within thirty (30) days of a number appearing in the Platform, with your reasons, so that we can check it while the Posting Channel’s data is still available. If you tell us later, we’ll still look at it, but we may not be able to check the numbers again. You can also question the Final Count (clause 14.14).

14. CPV Pricing & Views Guarantee

14.1 Pricing

Campaigns are priced per view (CPV) unless the Order Form says otherwise. The Order Form sets out the CPV, the target Verified Views, the Guaranteed Views, the budget and the Campaign Period. Once Brief72 accepts the Campaign, the CPV is fixed, and we never charge you more than the budget unless you agree in writing.

When you accept a Creator, their share of the budget is their Expected Views × your CPV. It’s set aside for them from the Campaign’s budget. What you pay for the whole Campaign is worked out at the Final Count (clause 14.5), and it’s never more than the budget: if a video goes viral, you don’t pay more than your budget.

14.2 What some words mean in this clause

• Campaign Period: the period in the Order Form for posting and running the Campaign, as extended under this clause.
• Extension Period: the thirty (30) days straight after the Campaign Period ends, or any other period stated in the Order Form.
• Guarantee Period: the Campaign Period plus the Extension Period. It’s the period in which views count towards the Views Guarantee.
• Guaranteed Views: the number of Counted Views Brief72 guarantees for a Campaign, as stated in the Order Form. If the Order Form gives no separate figure, it’s the target Verified Views (the budget divided by the CPV). Clause 14.10 applies to Restricted Campaigns.
• Counted Views: the Verified Views (clause 13) of Approved Content posted for the Campaign, as read at the end of its 5-day Views Check (its total, clause 13.4), plus any views treated as delivered under clause 14.8, with any correction our team makes (clause 14.14). They don’t include views excluded under clause 13, or views from paid promotion of the Content (clause 27.2), unless the Order Form says they count. If Content is promoted with paid ads, you must give us the paid view numbers from the ad platform within fourteen (14) days after the promotion ends. If you don’t, we may count all of that Content’s views.
• Final Count: the total of the Counted Views, and what you pay, made by the Platform as soon as the Campaign has finished and the last piece of Approved Content’s 5-day Views Check is over. Our team checks it and can correct it (clause 14.14). If the Platform can’t make it, our team makes it within thirty (30) days after the Guarantee Period ends.
• Shortfall: the Guaranteed Views minus the Counted Views at the Final Count, if the result is more than zero.
• Shortfall Refund: the Shortfall multiplied by the CPV, plus any VAT you paid on that amount.
• Material Brief Change: a change after Launch to the product or offer, key messages, target territory or audience, Posting Channels, content format or length, required inclusions or restrictions, or the Campaign Period, which in Brief72’s reasonable view is likely to affect views or delivery.

14.3 The Views Guarantee

For each Campaign priced per view, Brief72 guarantees that it will get at least its Guaranteed Views by the end of the Guarantee Period, on the terms of this clause 14 (the “Views Guarantee”). The Views Guarantee covers views only. It doesn’t cover the number of different people who see Content, engagement, clicks, sales, follower growth, audience make-up, return on investment or any other result.

14.4 If a Campaign falls behind

If Brief72 expects a Campaign to fall short of its Guaranteed Views, for example because a Creator’s Counted Views come in below their Expected Views, or their views are removed, it adds Creators to the Campaign, chosen under clause 7, at no extra cost to you and at the same CPV. It keeps doing so until the Counted Views, and the Expected Views of the Creators still working, add up to the Guaranteed Views. Their fees come out of Brief72’s share of the budget, and in all Brief72 never pays Creators more than the budget. If the Campaign reaches its end date short of its views, Brief72 keeps it open to Creators for the Extension Period. Brief72 chooses the Creators, acting reasonably, and the Platform shows you what’s happening. New Content still needs your approval under clause 10, and its views count in the same way as other Counted Views.

14.5 What you pay, and your refund

As each piece of Approved Content passes its views check, its share of the budget (clause 14.1) is used to pay for it. Once the Campaign has finished and the last piece of Approved Content’s 5-day Views Check is over, the Platform makes the Final Count: it adds up the Counted Views and works out what you pay for the whole Campaign. Our team checks it and can correct it (clause 14.14).

You pay your Counted Views × CPV, never more than the budget. So if your Campaign reaches its Guaranteed Views, you pay its budget. If it doesn’t, even after Brief72 has added Creators under clause 14.4, you pay only for the views counted.

Everything else (the “Refund”), including any part of the budget that was never used, goes back into your Balance, and if you didn’t get your Guaranteed Views, it’s never less than the Shortfall Refund.

You never pay more than the budget for views. Any reimbursements under clause 8.1, and any extra fee for paid promotion under clause 27.2, are charged on top, as agreed.

We’ll send you the Final Count, each Creator’s views and how we worked out the Refund, and add the Refund to your Balance at the same time. If you’d rather have it paid to your bank account, ask us, and we’ll pay it within fourteen (14) days, with any VAT you paid on it (clause 15.2). You don’t need to make a claim.

An example, with figures for illustration only. A £10,000 budget at £20 per 1,000 views has 500,000 Guaranteed Views.

• If the Counted Views are 500,000 or more, you pay £10,000.
• If they’re 450,000, after Brief72 has added Creators under clause 14.4, you pay £9,000, and £1,000 goes back into your Balance.

14.6 Ending early

If you cancel a Campaign under clause 29.2, or Brief72 ends it under clause 10.7 or 29.5(a), (b) or (c), the Views Guarantee ends for that Campaign, and those clauses say what you pay. If Brief72 ends a Campaign for any other reason, you pay only for Approved Content already posted, worked out as in clause 14.5 with the Final Count made when the Campaign ends, and the rest of the budget goes back into your Balance.

14.7 What you need to do

The Views Guarantee depends on you:

• having the Campaign’s full budget in your Balance (it’s reserved when you create the Campaign) or, for a Campaign invoiced outside the Platform, paying it in cleared funds before Launch;
• giving us the Advertiser Materials, products, samples and (for Restricted Campaigns) Posting Channel approvals the Campaign needs, by the dates in the Campaign Brief or within five (5) working days of our request;
• making sure your product and any offer are available as the Campaign Brief says;
• deciding on Creators within the time in clause 7.3, and not declining or removing Creators who fit the Campaign Brief without a good reason connected with the brief, the law or brand safety;
• reviewing Content within the review window (clause 10.2), and asking for changes only for reasons related to the Campaign Brief or the law (clause 10.5);
• answering our questions about the brief or compliance within three (3) working days; and
• not making a Material Brief Change unless it’s agreed under clause 14.9.

If you’re late with any of these, the Campaign Period is extended by the length of the delay, and Brief72 isn’t in breach of the Views Guarantee for views that couldn’t be delivered because of the delay. If your delays add up to more than ten (10) working days, or you decline or remove a Creator who fits the Campaign Brief without a good reason, Brief72 may, acting reasonably and telling you why in writing, reduce the Guaranteed Views by the Expected Views of the Content affected.

14.8 Content taken down or restricted because of you

If any Approved Content is removed, hidden, made private, edited, age-restricted or not posted:

• (a) at your request, including a request to take a post down for a genuine legal or factual problem (clause 10.6); or
• (b) because of a complaint, claim, regulator action or Posting Channel action about your products, services, Advertiser Materials or claims, or because we use our veto (clause 10.4) for a reason connected with them, and not because of something a Creator or Brief72 did wrong,

that Content counts as having delivered the higher of its Verified Views and its Expected Views. So the Creator is still paid from your budget, you pay for that Content in full, and any shortfall in views that results is your responsibility: it isn’t covered by the Views Guarantee and isn’t refunded. The same applies to Content charged to you under clause 10.7. If a Creator removes Content in breach of the Creator Terms, or a Creator’s account is restricted for reasons not connected with you, Brief72 will replace that Content under clause 14.4.

14.9 Changes to the brief

If you ask for a Material Brief Change, Brief72 will tell you in writing whether it changes the Guaranteed Views, the Campaign Period or the CPV. The change only goes ahead if you accept the revised figures in writing. If you don’t, the Campaign continues on the original Campaign Brief and the original Views Guarantee.

14.10 Restricted Campaigns

Posting Channels and the advertising rules limit who can see some Content: for example 18+ age gates, Posting Channel limits on gambling and alcohol content, and the CAP Code rules on who can appear in gambling and alcohol ads. For a Restricted Campaign:

• there’s no Views Guarantee unless Brief72 agrees a Guaranteed Views figure for it in writing before we accept the Campaign. A figure the Platform shows automatically isn’t that agreement. Without an agreed figure, Brief72 doesn’t promise any number of views and doesn’t have to add Creators or keep the Campaign open past its end date. You still pay only as clause 14.5 says: never more than your Counted Views × CPV and never more than the budget;
• Brief72 will only use Posting Channels that allow the Content, and no views are guaranteed on any other Posting Channel; and
• if a Posting Channel or the law adds a new restriction after Launch, clause 14.11 applies.

14.11 Events outside Brief72’s control

If, after Launch, any of the following stops or substantially reduces the posting of Content, the views it can gain, or Brief72’s ability to check views:

• a Posting Channel outage, or a Posting Channel API or data failure, lasting more than forty-eight (48) hours;
• a change to a Posting Channel’s rules, or to the law, that bans or restricts the type of Content, product or category in the Campaign;
• a documented change by a Posting Channel that reduces the distribution of branded or paid partnership content across that Posting Channel generally; or
• a force majeure event under clause 30,

the Guarantee Period is extended by the length of the event, up to sixty (60) days in total. If there’s still a Shortfall at the Final Count, the Refund under clause 14.5 covers it, and Brief72 has no other liability for the Shortfall. Ordinary changes in how Posting Channels rank or show content, and in how audiences behave, aren’t events under this clause: they’re the risk the Views Guarantee covers.

14.12 Your only remedy

This clause 14 sets out everything Brief72 will do, and your only remedies, if a Campaign doesn’t get its Guaranteed Views, its target Verified Views or any other delivery target, whatever the cause. It replaces any other right or remedy you might have for under-delivery, including damages. This doesn’t limit liability for fraud.

14.13 Limit on liability for under-delivery

Brief72’s total liability for under-delivery on a Campaign is limited to the Refund for that Campaign (clause 14.5). Brief72 isn’t liable for any other loss caused by under-delivery, including lost sales, profit, revenue, goodwill or opportunity, or the cost of other advertising. Refunds under this clause 14 and clauses 15 and 29 aren’t reduced by, and don’t count towards, the limit in clause 31. Nothing in this clause limits any liability that the law doesn’t allow to be limited.

14.14 Checking the count

You can see each Creator’s views and the Campaign’s total in the Platform as it runs, with the reason for any correction our team makes. We’ll send you the Final Count with each Creator’s views. If you ask, we’ll give you a summary of any views we excluded and why. If you disagree with the Final Count, please tell us in writing within thirty (30) days of receiving it, with your reasons, and we’ll look at it again. If we still disagree, clause 37 applies.

15. Fees, Invoicing & Payment Terms

15.1 How you pay

• Campaigns booked in the Platform are paid from your Balance. A Campaign’s whole budget is reserved from the Balance of its Brand when you create it, and you can only create a Campaign if that Balance covers it.
• To top up a Balance, ask in the Platform. We’ll send you an invoice or payment request, and add the amount to the Balance once your payment reaches us in cleared funds. Please pay within seven (7) days. If you don’t pay, we’ll cancel the request: nothing is added, and you owe nothing for it.
• A Campaign agreed outside the Platform is invoiced when we accept it. Unless the Order Form says otherwise, it must be paid within seven (7) days of the invoice or before the Campaign starts, whichever is earlier.
• We take payment by bank transfer, in pounds sterling.
• Prices and Balances are shown without VAT. If we’re registered for VAT, we add it at the rate in force (on a top-up, VAT is charged on the top-up), and any refund paid to your bank account includes the VAT you paid on the refunded amount.
• If a Campaign needs more than its budget (for example, extra Creators you ask for), we’ll agree it with you in writing first, and reserve the extra from your Balance.
• The part of a Campaign’s budget you don’t pay for goes back into your Balance with the Final Count (clause 14.5), made as soon as the Campaign has finished. If a Creator doesn’t deliver, their share is used for another Creator on the Campaign. We may first deduct any amount you owe us that’s due.

15.2 Your Balance (paying in advance)

• You can pay Brief72 in advance for its services, and keep the amount as a Balance for each of your Brands, shown in the Platform. Your Balance is a prepayment for Brief72’s own services under these Terms. It can only be used to pay for that Brand’s Campaigns, and a Campaign’s budget is reserved from it when you create the Campaign.
• If you no longer want to use some or all of a Balance that isn’t reserved for a Campaign, ask us in writing, from an address on your account, and we’ll refund it within fourteen (14) days to the account it came from. To free up a reserved budget, delete the Campaign if it hasn’t been submitted for review, or cancel it under clause 29.2.
• Your Balance can’t be transferred, used to pay anyone else or exchanged for cash, except as a refund under these Terms. It isn’t a bank account, deposit, e-money or payment account, and Brief72 doesn’t pay interest on it.
• Amounts you pay Brief72 are paid to Brief72 for its own account. Brief72 doesn’t hold them on trust, as client money or for any Creator. We may keep prepayments in a separate business bank account, but that doesn’t create a trust or give you any interest in that account, and your right to a refund is an unsecured claim against Brief72.
• Anything we add to a Balance that you didn’t pay us (for example a goodwill or promotional amount) can only be used for Campaigns and can’t be refunded. We’ll tell you when we add it, and whether it has an end date. When we work out a refund, we treat it as used before the money you paid.
• If a payment to us is reversed or recalled, for example by your bank, we’ll take it off the Balance it was added to and pause any Campaign it pays for. If that takes the Balance below zero, you owe us the difference straight away. Rights in Content paid for with that payment don’t pass to you, or go back to Brief72 (clause 18.1).
• We never take a Balance as a penalty, or because an account is inactive. When your account closes, we refund any Balance that isn’t reserved for a Campaign within fourteen (14) days, and the rest as clause 15.1 says.

15.3 How Creators are paid

Brief72 engages Creators in its own name and pays them from its own account under the Creator Terms, whether or not it has received your payment. You have no contract with any Creator, and you don’t pay Creators. Each Creator’s fee is fixed when they’re accepted. Brief72 sets its own prices to you and its own fees to Creators: the difference is Brief72’s margin, not a commission. Brief72’s obligations to you are set out in these Terms, including the Views Guarantee in clause 14 and the refunds in clauses 15 and 29.

15.4 Referral programme

If you take part in the Brief72 referral programme, the Referral Programme Terms apply and form part of these Terms. In short:

• Referring a business: a business new to Brief72 (neither it nor its brands has had an account) that joins with your link or code, or tells us within 30 days of joining that you referred it, qualifies when its first Campaign with a budget of at least the minimum shown in the Platform when it joined (currently £5,000) is approved and paid for within 30 days of joining. The reward is paid after that Campaign’s Campaign End. You can’t refer a business you own, work for or act for, or one in your group.
• Inviting a creator: a creator qualifies when our team has approved them and they’ve finished their first paid Campaign within 30 days of joining.
• How you’re paid: rewards for brand and agency accounts are paid by our team, for example by bank transfer, once the referral is ready and you’ve told us how you’d like to be paid (we’ll email you). They aren’t added to your Balance. If you refer on behalf of a business you work for, make sure it’s happy for you to accept the reward, or ask us to pay the business instead.
• Refusals and reversals: each business can only be referred once. We may refuse or reverse a reward only for the reasons in the Referral Programme Terms. We’ll email you our reasons, and you can ask us to review the decision within 14 days. A reversal only takes back the reward of the person whose conduct caused it, and only within 12 months of paying it. We’ll also tell you if a referral runs out of time.
• Changes: each referral keeps the rules, amounts and minimum budget in place when the new member joined. We’ll give at least 30 days’ notice before changing the programme in a way that’s worse for you, unless we need to act sooner for legal, security or fraud reasons.

16. Late Payment, No Set-Off & Suspension

Because Campaigns booked in the Platform are paid from your Balance in advance, this clause mainly applies to Campaigns invoiced outside the Platform, and to amounts you owe under clause 15.2 (for example after a reversed payment). All amounts due to Brief72 must be paid in full, without set-off or deduction, except as the law requires. If you don’t pay an undisputed amount by its due date:

• interest runs at 8% a year above the Bank of England base rate (the reference rate the Late Payment of Commercial Debts (Interest) Act 1998 uses, fixed every six months), from the due date until you pay, before and after any judgment;
• we may also claim the fixed sum the 1998 Act allows and, if our reasonable costs of recovering the debt are more than that sum, the difference;
• we may pause any active or pending Campaign until you pay; and
• we may set off anything you owe us against anything we owe you under these Terms.

17. Reports & Analytics

You can see each Campaign’s numbers in the Platform as they come in, and download them as a report. After the Final Count, we send you its results (clause 14.5). Reports are for your own business use. Please don’t publish them, or share them outside your business, without our written consent, except with your professional advisers, with a regulator or, if you’re an agency, with your client.

18. Ownership of Approved Content

18.1 You own it once you’ve paid

Once you’ve paid in full for a piece of Approved Content, you own it outright. Brief72 assigns to you all its rights in it, worldwide and for their full term, including copyright and performers’ property rights. You can edit and repurpose it in any media, for the Brand and products in the Campaign Brief, within clause 18.4. In this clause 18, Approved Content includes Content charged to you under clause 10.7 or 29.2.

• When you’ve paid in full. For a Campaign paid from your Balance, it’s when the Content’s share of the budget is used to pay for it: when it passes its views check, or when it’s treated as delivered (clauses 10.7, 14.8 and 29.2). For an invoiced Campaign, it’s when we receive your payment for it in cleared funds. Until then, you may only share the Creator’s post where it was posted (for example by reposting or linking to it). If you cancel a Campaign, clause 29.3 says which Content you own. A refund under the Views Guarantee doesn’t affect your ownership.
• What it’s subject to. The assignment is subject to Brief72’s own uses (clause 18.2), the Creator’s portfolio use (clause 18.7) and the licence terms of any third-party music or other material in the Content (clause 18.6). Within those limits, Brief72 assigns with full title guarantee.
• Where Brief72’s rights come from. Brief72 gets these rights from the Creator under the Creator Terms: an assignment of copyright and performers’ property rights when Brief72 pays the Creator’s fee, the Creator’s consent under Part II of the Copyright, Designs and Patents Act 1988 to the use of their performance (which also covers you), a waiver of their moral rights in favour of Brief72 and those it passes the Content to, and their consent to the use of their name, voice, image and likeness as they appear in the Content.
• What you don’t get. You get no rights in Content you don’t pay for, and you must not use it. That includes Content that isn’t Approved Content, Content whose views we couldn’t confirm (clause 13.3), and Content refunded in full because of a cancellation (clause 29.3).
• Ownership doesn’t go back for a breach. It goes back to Brief72 only if you never pay for the Content, or your payment for it is reversed or recalled and you don’t pay again within fourteen (14) days. If that happens, you assign those rights back to Brief72, and you must stop using the Content.
• Signing. Brief72 signs this assignment when it accepts your Campaign. If you ask, we’ll also sign a short confirmation of it for any Approved Content you own, and send you the video files.

18.2 What Brief72 keeps

You give Brief72 a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, copy, store, host, edit, show and share Approved Content, and to let its service providers do so for it: (a) to run and provide the Services, including keeping copies on our systems; (b) to keep records and meet the law, including for compliance, audits, regulators and legal claims; and (c) for reporting and analytics.

Brief72 may also use Approved Content, with your name and Brand, in its own marketing: on its website, in its decks and on its social media accounts, and in case studies and awards entries. We do this automatically, unless you tell us in writing that you’d rather we didn’t. If you do, we’ll stop new uses within a reasonable time (and no later than thirty (30) days after you tell us), but we don’t have to remove material already published or printed. We’ll only use Content from Restricted Campaigns where the advertising rules allow.

18.3 Raw files

Raw, unedited and behind-the-scenes files aren’t part of the Approved Content unless the Order Form says so. Where they are, this clause 18 applies to them too.

18.4 The limits on how you use it

You may edit and repurpose Approved Content you own in any media, to promote the Brand and products in the Campaign Brief. You must not:

• use it, or the Creator’s name, voice, image or likeness, to promote a different product or brand;
• make it look as if the Creator endorses anything beyond what they said in the Approved Content;
• edit or use it in a way that’s derogatory to the Creator, for example by putting them in a political, sexual or other context they wouldn’t reasonably expect;
• use it, or the Creator’s face or voice, to make an AI clone or any other synthetic version of the Creator (such as a cloned voice, a face swap, or words or actions they didn’t say or do), or to train or prompt an AI system to do so; or
• present it, or a quote from it, as a customer review, rating or testimonial, for example on a product page, in a reviews section, or on an app store or review site. The Digital Markets, Competition and Consumers Act 2024 bans fake reviews and reviews that hide an incentive.

Your use must also follow the law and the advertising rules each time. For Restricted Campaigns, that includes the rules on the Creator’s age and on strong appeal to under-18s, which apply to every new use. If you’d like to use a Creator’s name, voice, image or likeness in any other way, ask us, and we’ll arrange a separate written agreement with the Creator (extra fees may apply).

18.5 If you misuse Approved Content

If you break clause 18.4 and don’t put it right within fourteen (14) days of our notice (or straight away for a serious breach), you must stop the use that breaks it and remove it from channels you control, and we may tell the Creator. Ownership of the Approved Content stays with you.

18.6 Music and other third-party material

Under the Creator Terms, Creators may use music from a Posting Channel’s own commercial sound library. That music is cleared only for the Posting Channel the Content was posted on. So before you reuse Content anywhere else (another platform, paid ads outside that Posting Channel, TV or your website), check the licence or replace the music. Brief72 doesn’t assign or license rights in third-party material it doesn’t own.

18.7 The Creator’s portfolio and their post

Under the Creator Terms, the Creator may show the Approved Content, as they posted it, in their own portfolio and on their own social media accounts to promote themselves as a creator. They mustn’t edit out the ad label or your brand, or pay to promote it, and for age-restricted Content they need your written consent. If you reasonably ask, we’ll ask them to take it down, and they must do so within seven (7) days. Their original post stays on their account: after the Minimum Live Period, they may leave it up or remove it.

18.8 Reservation of rights

Apart from the rights this clause 18 gives you, no rights in Brief72’s technology, the Platform, or Brief72’s name and brand pass to you, and nor do rights in any Content you haven’t paid for.

19. Advertiser Warranties & Undertakings

You warrant and undertake to Brief72 that:

• you have full power and authority to enter into and perform these Terms and each Order Form;
• all information you give us when you register and while you use the Services is, and will stay, true, accurate, complete and not misleading;
• all Advertiser Materials, products, services, offers, claims and Campaign Briefs comply with all applicable laws, regulations and codes of practice. These include the CAP Code; Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (which replaced the Consumer Protection from Unfair Trading Regulations 2008), including its rules on fake reviews; the Business Protection from Misleading Marketing Regulations 2008; data protection law and PECR; and any rules for your sector, for example from the Gambling Commission or the FCA;
• all claims, comparisons, statements, prices and demonstrations you ask Creators to make are honest, accurate and properly substantiated, to the standard the ASA, the CMA or any other regulator would expect;
• the Advertiser Materials and your products don’t infringe anyone’s intellectual property, privacy, publicity, contractual or other rights, aren’t defamatory, and are safe and lawfully sold;
• you hold, and will keep, every licence, authorisation, consent and approval your products, services and the Campaign need, including any Gambling Commission licence, FCA authorisation, financial promotion approval, prize promotion permission and Posting Channel approval, and the rights in any music or other third-party material you supply, and you’ll tell us straight away if any of them is withdrawn or restricted;
• any website, app, landing page, discount code or offer that Content links to or mentions is lawful, works, and matches what the Campaign Brief says;
• you’ll comply with the Bribery Act 2010, the Modern Slavery Act 2015, the Proceeds of Crime Act 2002, applicable sanctions and the other laws that apply to you in connection with the Services; and
• you don’t know of any pending or threatened claim, regulatory proceeding or other matter that could affect your ability to carry out a Campaign or could expose Brief72 to liability.

20. Indemnities

20.1 Your indemnity

You’ll indemnify Brief72, and its staff, subcontractors and Creators, against all losses, liabilities, damages, costs and expenses (including reasonable legal fees) and, so far as the law allows, fines and penalties, arising from:

• your breach of these Terms, an Order Form or the law;
• your products or services, including product liability claims, and any claim, offer or statement in your Advertiser Materials or Campaign Brief;
• any claim that your Advertiser Materials, brand or Campaign Brief infringes someone’s rights or breaks the law or a code of practice;
• your use of Approved Content after it’s assigned to you, including any breach of clause 18.4 or 18.6; and
• any action by the ASA, the CMA, the Information Commission, Trading Standards, the Gambling Commission, the FCA or any other regulator arising from a Campaign you booked,

except to the extent the loss is caused by Brief72’s own breach of these Terms or its negligence.

20.2 Brief72’s indemnity for copyright in Approved Content

Brief72 will indemnify you, claim by claim, against direct losses (including reasonable legal costs) from a third-party claim that Approved Content (not including Advertiser Materials, or any changes you’ve made to it), as delivered by Brief72 and used by you in line with clause 18, infringes that third party’s UK copyright. This indemnity depends on you: (a) telling us about the claim promptly in writing; (b) letting Brief72 control the defence and any settlement; (c) cooperating reasonably, at Brief72’s cost; and (d) not making any admission, settlement or compromise without Brief72’s prior written consent.

If a claim is made, or Brief72 thinks one is likely, Brief72 may also, at its choice: (i) get you the right to keep using the affected Approved Content; (ii) replace it with non-infringing content of substantially the same kind; or (iii) refund what you paid for it. This clause 20.2 is your only remedy for a third-party claim that Approved Content infringes someone’s rights. It doesn’t cover a claim that arises from: Advertiser Materials; your changes to the Approved Content; your use of it outside clause 18, including music or other third-party material used outside the Posting Channel it was cleared for (clause 18.6); your combining it with other material; or your continuing to use it after Brief72 has told you to stop.

20.3 Limit

Brief72’s total liability under clause 20.2 is subject to the limit in clause 31.

21. Data Protection

21.1 Following the law

Each of us will comply with data protection law (the UK GDPR, the Data Protection Act 2018 and PECR) for the personal data we handle in connection with the Services.

21.2 Separate controllers

For personal data shared between us under these Terms, each of us is a separate controller (not joint controllers, and not processor and controller), unless we agree otherwise in writing.

21.3 Creator data you receive

To run a Campaign, we share Creators’ personal data with you: for example their name, profile photo, city, social media accounts and handles, follower counts, content categories, age group (never their date of birth) and whether they fit the Campaign’s ages, whether their ID has been checked, their audience’s age groups and other statistics, their Expected Views, the Content they submit (including their face and voice), how many attempts they have left, their post links and numbers and, for betting and gaming Campaigns, the compliance pack and letters of authorisation. You decide how you use it for your Campaigns, so you’re responsible for your own use, as a separate controller. You may use it only to choose Creators, to review and approve Content, to run, report on and keep records of the Campaign, to meet your legal and regulatory obligations, and to use Approved Content under clause 18. You must not:

• contact Creators outside the Platform (except as clauses 8.1 and 27.2 allow), add them to marketing lists, or sell or share their data with anyone else (except your professional advisers and, if you’re an agency, your client, who must keep to this clause too);
• combine it with other data to profile them, or use it to make decisions about them outside the Campaign; or
• keep it longer than you need it. Delete it within twelve (12) months after Campaign End, except Approved Content you’re using and records the law or your regulator requires you to keep.

21.4 What each of us will do

Each of us will:

• (a) tell the people whose data it shares with the other how it’s used;
• (b) have a lawful basis for sharing it;
• (c) keep it secure;
• (d) tell the other without undue delay, and within forty-eight (48) hours, about any personal data breach affecting data received from the other; and
• (e) help the other with requests from the people concerned, complaints and regulators’ enquiries about the shared data.

If a Creator asks you to stop using their data or Content, tell us straight away, and we’ll work out the right response together.

21.5 Outside the UK

If you’re outside the UK, or you transfer Creator data outside the UK, you’ll do so only with the safeguards UK data protection law requires (for example the UK International Data Transfer Agreement or Addendum), and you agree to sign them if we ask.

21.6 If we process data for you

If we process personal data for you (for example a customer list you give us), we’ll both sign a data processing agreement before we start. It will include the safeguards for international transfers that our Privacy Policy describes.

22. Confidentiality

Each of us will keep confidential all non-public information of the other that’s marked confidential or should reasonably be understood to be: in Brief72’s case, for example, other Advertisers’ Campaign Briefs, pricing and discounts, Creator data, performance data, internal tools, dashboards, technology and plans; and in yours, Advertiser Materials, unannounced product launches and audience data.

Confidential information may be used only to perform these Terms. It mustn’t be disclosed to anyone else without the other’s prior written consent, except to professional advisers and staff who need to know it and are bound by the same duty, and it must be returned or destroyed on request after these Terms end. This doesn’t apply to information that’s public (other than through a breach of this clause), or that one of us must disclose by law or to a regulator or court. These duties last for three (3) years after these Terms end, and for trade secrets, for as long as they stay secret.

Your Campaign Brief is shown in the Platform to every Creator who matches the Campaign, before they’re accepted, and Creators must keep it confidential under the Creator Terms. Don’t put anything in it that you don’t want them to see. Send us anything more sensitive separately, and we’ll share it only with Creators you accept.

23. Anti-Bribery, Anti-Corruption, AML, Modern Slavery & Sanctions

Each of us will comply with all applicable anti-bribery, anti-corruption, anti-money-laundering, counter-terrorist-financing, modern slavery and sanctions laws, including the Bribery Act 2010, the Proceeds of Crime Act 2002, the Modern Slavery Act 2015, the Sanctions and Anti-Money Laundering Act 2018, and any restrictions imposed by the UK, US, EU or UN. Each of us warrants that it has procedures in place to comply with those laws that are proportionate to its size and risks, and will help the other with any investigation.

24. Working With Creators Outside Brief72

24.1 The restriction

Brief72 invests in finding, checking and briefing Creators. So, while you use the Services and for twelve (12) months after your last Campaign End (the “Restricted Period”), you must not, directly or through anyone else (including your group, agencies or partners), engage, pay or commission a Covered Creator except through Brief72, or encourage a Covered Creator to work for you outside Brief72.

24.2 Covered Creators

A “Covered Creator” is a Creator who applied to, or was accepted on, one of your Campaigns in the previous twelve (12) months. This clause doesn’t apply to a Creator:

• (a) you were already working with before they applied (you’ll need to show us evidence);
• (b) who approaches you on their own initiative after their Campaign has ended, without you or anyone acting for you contacting them first; or
• (c) you engage through a public call for creators that isn’t aimed at Brief72’s Creators.

24.3 Working with a Covered Creator directly

If you’d like to work with a Covered Creator directly during the Restricted Period, ask us first. We’ll agree if you pay us a buyout fee of twenty per cent (20%) of what you’ll pay the Creator in the first twelve (12) months.

24.4 If you break this clause

If you break this clause, you’ll pay Brief72 thirty per cent (30%) of everything you pay or give the Covered Creator, in money or in kind, in the twelve (12) months from the breach. This is a fair estimate of the margin Brief72 would have lost, and it isn’t a penalty. We may also ask a court to stop the breach.

24.5 Creators stay free

This clause doesn’t stop Creators working with anyone they like. It only covers what you do.

25. Insurance

You’ll hold insurance with reputable insurers that’s appropriate to your business and the products you promote, including public and product liability insurance where you supply or sell physical products, and you’ll show us evidence if we reasonably ask. For Campaigns for higher-risk products (for example food, cosmetics, supplements, electricals or children’s products), we may ask for product liability cover of at least £1 million per claim before we accept the Campaign.

26. Marketing & Case Studies

Brief72 may use your name, logo and a short, factual description of your Campaigns and their results (for example how many Creators took part, and their views, likes, comments and shares), and Approved Content as clause 18.2 says, in its own marketing, sales, pitches, case studies, awards entries and PR, including on its website, in its decks and on its social media accounts. We won’t disclose your budget, what you paid, your pricing or other confidential information. We do this unless you tell us in writing that you’d rather we didn’t, for example by emailing [email protected]. If you do, we’ll stop new uses within a reasonable time (and no later than thirty (30) days after you tell us), but we don’t have to recall printed materials or remove content already published.

27. Posting Channels & Paid Promotion

27.1 Posting Channels

Brief72’s ability to deliver Campaigns depends on Posting Channels and other third-party services. Brief72 isn’t responsible for outages, API limits, demonetisation, content removal, account bans, algorithm changes, changes to ad buying, or anything else Posting Channels do that affects a Campaign, and clause 14 (including clause 14.11) sets out your only remedies in those cases.

27.2 Paid promotion of Creators’ posts (Spark Ads, partnership ads, whitelisting)

• Running Approved Content as a paid ad from the Creator’s own account or identity is only available through Brief72, with the Creator’s permission, for an extra fee. Examples are TikTok Spark Ads, Instagram or Facebook partnership ads, and “whitelisting” that gives you access to the Creator’s account for ads. It isn’t included in a Campaign unless the Order Form says so. If you’d like it, ask us: we’ll ask the Creator, and agree the period (for example 30, 60 or 90 days) and the extra fee with you in writing.
• Where it’s agreed, you may run only the Approved Content, unedited unless the Creator agrees, and only for the agreed period. You must stop when the period ends. If a Creator ends their permission early (for example by withdrawing an ad code), we’ll refund a fair part of the extra fee.
• You’re responsible for your ad account, targeting and spend, and for the ad following the law, the CAP Code and the Posting Channel’s ad and branded content policies, including age targeting and the rules for gambling and alcohol.
• You must never ask a Creator for their password or log-in details, or arrange paid promotion with a Creator directly.
• Unless the Order Form says otherwise, views from paid promotion don’t count towards your Guaranteed Views, and you don’t pay the CPV for them (clause 14.2).
• This clause doesn’t stop you running Approved Content you own as an ad from your own accounts (clause 18), within clause 18.4.

28. Availability, Support & Response Times

28.1 Availability

Brief72 uses reasonable endeavours to keep the Platform available, but doesn’t promise that it will always be available or free of errors, and the software is provided “as is” to that extent. This doesn’t affect our duty to provide the Campaign services with reasonable care and skill. We may carry out maintenance and updates, and will give reasonable notice of planned downtime where we can. No service-level agreement applies unless one is attached to an Order Form and signed by both of us.

28.2 How to contact us

For day-to-day questions about your account, Campaigns or billing, use the help button in the Platform or email [email protected]. For legal matters, complaints or escalations, email [email protected]. For data protection, email [email protected].

28.3 Response times

Our standard response time for matters Advertisers raise is seven (7) working days from receipt. Where a matter needs investigation involving Posting Channels, payment providers, Creators or outside experts, it may take up to fourteen (14) working days, and we’ll give you an update if we need more time. We may need longer in exceptional circumstances (force majeure under clause 30, regulatory matters or unusually high volumes), in which case we’ll let you know.

28.4 Escalation

If you’re not satisfied with our team’s response, you can escalate it: (a) email [email protected] asking for a senior review and explaining what’s unresolved; and (b) if it’s still unresolved, ask in the same way for a review by a director of Brief72. This doesn’t affect your right to bring proceedings under clause 37.

29. Suspension & Termination

29.1 Ending these Terms on notice

Either of us may end these Terms on thirty (30) days’ notice in writing. Campaigns already running carry on until they finish, under these Terms, unless they’re cancelled or ended under this clause 29. When these Terms end, we refund your Balance as clause 29.6 says.

29.2 Cancelling a Campaign

You can cancel a Campaign at any time by telling us in writing. We’ll stop recruiting Creators straight away. What goes back into your Balance depends on where each Creator’s Content has got to when we receive your notice:

• the part of the budget not set aside for any accepted Creator: 100%;
• a Creator accepted whose Content hasn’t been uploaded, or hasn’t been passed by our team (including Content being changed): 100% of their share of the budget, and their place closes;
• Content uploaded within the Creator’s deadline that our team has passed, or then passes, for your review, but that you haven’t approved yet: nothing. The Creator has done their part, so they’re paid, and you’re charged for that Content as clause 10.7 says. It isn’t posted, but it’s yours once it’s charged to you (clause 18.1); and
• Content already approved (by you, or by us for you under clause 10.3 or 10.6): nothing. It’s posted, checked and charged like any other Approved Content, and it’s yours once it’s paid for (clause 18.1). If it mustn’t be posted, or must come down, because of a genuine legal or factual problem, tell us, and clause 14.8 applies.

A Creator’s share of the budget is explained in clause 14.1. We put the refund back into your Balance within five (5) working days of your notice, and you can then ask for it to be paid to your bank account (clause 15.2). A draft Campaign that hasn’t been submitted can simply be deleted in the Platform, and its whole budget goes back into your Balance.

29.3 Effect on ownership when you cancel

• Content refunded in full: the assignment in clause 18.1 doesn’t happen. You have no rights in it and must not use it.
• Content already approved, or charged to you under clause 29.2 without being posted: it’s yours under clause 18.1 once it’s paid for, in the usual way.

29.4 What Brief72 can keep

Brief72 may keep, or deduct from a refund, amounts it has paid or must pay to others for the Campaign before your notice and can’t recover, for example agreed reimbursements under clause 8.1 for products Creators have already bought. We’ll tell you what they are. Cancelling doesn’t affect clauses 22 and 24.

29.5 Suspension and termination by Brief72

Brief72 may suspend or end your access, an Order Form, a Campaign or your account if: (a) you’re in material breach of these Terms or an Order Form (and, if the breach can be put right, you haven’t done so within fourteen (14) days of our notice); (b) you don’t pay an undisputed amount when it’s due; (c) you become insolvent, enter administration or liquidation, propose a voluntary arrangement, face a winding-up petition, or anything similar happens anywhere; (d) we reasonably consider that carrying on would involve unacceptable legal, regulatory or reputational risk; or (e) the law, a regulator or a court requires us to. Unless the risk is urgent, we’ll give you notice before ending a Campaign under (d), and clause 14.6 then applies.

29.6 What happens when these Terms end

When these Terms end:

• (a) all amounts you owe Brief72 become payable straight away;
• (b) your right to use the Services ends, except for Campaigns that carry on under (f);
• (c) your ownership of Approved Content you’ve paid for, and Brief72’s rights under clause 18, continue;
• (d) clauses 12 to 26, 29.2 to 29.6 and 30 to 39 continue, and so does anything else that by its nature should;
• (e) we refund any Balance that isn’t reserved for a Campaign within fourteen (14) days, and the rest of each Campaign’s budget as clauses 14.5, 15.1 and 29.2 say. If we end these Terms or a Campaign because of your breach, non-payment or insolvency (clause 29.5(a) to (c)), we refund the budget not yet set aside for accepted Creators, less any amount you owe us and our reasonable losses caused by the breach, which we’ll explain;
• (f) Campaigns already running carry on to their end, and these Terms keep applying to them, unless they’re cancelled or ended under this clause 29; and
• (g) closing your account in the Platform has the same effect as ending these Terms.

30. Force Majeure

Neither of us is liable for any failure or delay in performing these Terms (other than paying money) caused by events beyond its reasonable control, which it couldn’t have prevented by taking reasonable precautions (for example, by keeping its systems secure). These include acts of God, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, government action, strikes, internet or telecoms failures, third-party platform outages, cyber-attacks and denial-of-service attacks. The affected party will give prompt notice and use reasonable efforts to limit the impact. If the event continues for more than ninety (90) days, either of us may end the affected Order Form, and the unused budget goes back into your Balance, less costs already incurred that we can’t recover. For a Campaign with a Views Guarantee, clause 14.11 applies instead of the previous sentence.

31. Limitation of Liability

Nothing in these Terms limits or excludes any liability that the law doesn’t allow to be limited or excluded, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Subject to that:

• neither of us is liable to the other for indirect or consequential loss, or for loss of profits, revenue, business, goodwill, opportunity or anticipated savings, whether in contract, tort (including negligence), under statute or otherwise, even if it was foreseeable;
• Brief72’s total liability to you for all claims about a Campaign, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of (i) the fees paid and payable for that Campaign and (ii) £5,000. For claims that aren’t about a particular Campaign, it’s limited to £5,000 in total in any 12-month period;
• these limits never reduce, and don’t include, a refund of any Balance that isn’t reserved for a Campaign, the Refund under clause 14.5, or any other refund we owe you under clauses 15 and 29;
• Brief72 isn’t liable for what Posting Channels, payment providers, your customers or other third parties do, or for what Creators do outside the Campaign (clause 11), except as clause 20.2 says; and
• you agree these limits are reasonable, given the fees, the way risk is shared in these Terms and the insurance available to each of us.

32. Independent Contractors; No Partnership

Each of us is an independent contractor. Nothing in these Terms creates any employment, partnership, joint venture, agency or franchise relationship. Neither of us may bind the other, or hold itself out as authorised to do so.

33. Assignment & Sub-Contracting

Brief72 may sub-contract any of its obligations (including by engaging Creators and other sub-contractors), and stays responsible for them as these Terms say. Brief72 may transfer these Terms and any Order Form to another business that takes over the Brief72 business or the Services. If it does, it’ll tell you first, and that business will take on all of Brief72’s obligations to you, including your Balance and any refunds owed. You agree in advance to such a transfer, and you can end these Terms under clause 29.1 if you don’t want it. You may not assign, transfer, charge or sub-contract any of your rights or obligations under these Terms or an Order Form without Brief72’s prior written consent, except to a member of your group that is at least as creditworthy as you, after telling Brief72 in writing.

34. Notices

Send notices to Brief72 by email to [email protected]. To serve legal proceedings, also post them to Brief72’s registered office (clause 38). We may send notices to you by email to the address on your account, by message in the Platform, or by post to your registered office or main business address. A notice is received: by email or Platform message, on the day it’s sent (or the next working day if it’s sent after 5pm UK time or on a day that isn’t a working day); by first-class post, two (2) working days after posting.

35. Changes to These Terms

Brief72 may update these Terms, for example to reflect changes in the law, the Services or our business. We’ll email you about any change that’s worse for you at least thirty (30) days before it takes effect, and say what’s changed. If the law or a regulator requires a change sooner, it can take effect sooner, and we’ll tell you as soon as we can. Other changes take effect when we publish them. A Campaign stays under the version in force when we accepted it. No change ever takes away a refund you’re already owed, or your right under clause 15.2 to a refund of your Balance. If you don’t accept a change, you can end these Terms straight away by telling us in writing before it takes effect, and we’ll refund your Balance under clause 15.2 (Campaigns already running carry on under the version they were accepted under). You and Brief72 can change or end these Terms without any Creator’s consent.

36. Miscellaneous

36.1 Severability

If any part of these Terms is found invalid, illegal or unenforceable, the rest continues in full force, and that part is changed as little as needed to make it valid and enforceable while keeping its commercial intent.

36.2 No waiver

If either of us doesn’t use a right under these Terms, or delays using it, that isn’t a waiver of it, and using a right once, or in part, doesn’t stop either of us using it again.

36.3 Entire agreement

These Terms (including the Referral Programme Terms), each Order Form and any data processing agreement are the whole agreement between us about the Services, and replace anything said or written before. Our website and the Platform describe our services in summary: these Terms set out the full terms, and they prevail if anything differs. Each of us confirms that it hasn’t relied on any statement not set out in these Terms or an Order Form. Nothing in this clause limits liability for fraud.

36.4 Third-party rights

Apart from what this clause says, nobody other than you and Brief72 has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms. Each Creator on a Campaign may enforce clauses 5 (where it protects Creators), 8.1 (the use of their details), 18.4, 18.5, 20.1 and 21.3 directly against you, so far as they apply to that Creator. You and Brief72 can change or end these Terms without any Creator’s consent. Where the Creator Terms let you enforce a Creator’s promises directly (for example about the rights in their Content), please talk to us before you do.

36.5 Counterparts and electronic signature

These Terms may be agreed, and Order Forms signed, in counterparts and by electronic signature (including by ticking a box under clause 1.2). Each counterpart is an original, and together they make one document.

37. Disputes, Time Limits & Governing Law

If a dispute arises, we’ll both first try to settle it in good faith, by escalating it to senior management within fifteen (15) working days of either of us giving notice of it in writing. If it isn’t settled within a further fifteen (15) working days, either of us may bring legal proceedings.

If you want to dispute a payment you made to us, or an amount charged to your Balance (including at a Final Count), you must start your claim within two (2) years of that payment or charge. Nothing in these Terms shortens the time you have to claim a refund we owe you (including your Balance and any Refund under clause 14), or the time either of us has to claim unpaid amounts: the normal legal time limits apply to those, and to all other claims.

These Terms, each Order Form and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that Brief72 may bring proceedings against you for unpaid amounts, or for breach of clause 5, 22 or 24, in any other court that has jurisdiction.

38. Contact

Brief72
Email (general): [email protected]
Email (legal & complaints): [email protected]
Email (privacy): [email protected]

39. Acknowledgement

When you tick the box to accept these Terms (clause 1.2), you sign them, and you confirm that you’ve read them, that you’re entering into them for your business, and that you have authority to do so for the organisation you represent.