Terms & Conditions

1. Introduction and application

1.1.  Mondstein Media AB, reg. no 559388-8695 (“Mondstein Media”, “we”, “us” or “our”), having its registered address at Ektorpsvägen 19A, 13145 Nacka, is an agency focusing on digital content and marketing through social media and influencers. Mondstein Media, primarily carries out promotional campaigns for its clients on social media platforms such as Instagram, Facebook, YouTube, TikTok etc. (referred to as “Campaigns” and “Platforms” respectively) and represents social media creators as their agency.

1.2. These general terms and conditions (the “General Terms”) shall apply between Mondstein Media and you (the “Talent” or “you”) in connection with your acceptance to be bound by these General Terms thus entering into a business and legal relationship with Mondstein Media, pursuant to which the Talent, on a non-exclusive, non-employee basis, is to perform social media services, including creating and publishing social media content (“Content”) via the Talent’s social media accounts on their Platforms (the “Accounts”) in paid partnership with Mondstein Media’s clients (together the “Services”). Mondstein Media and you are herein collectively referred to as the “Parties”.

1.3. Talent understands and acknowledges that these General Terms and Conditions are valid and a binding legal document. The Talent acknowledges and agrees that the Talent has been represented by independent counsel or has had the unrestricted opportunity to be represented by independent legal counsel of the Talents own choice for purposes of advising the Talent prior to accepting these General Terms. You accept these General Terms by informing Mondstein Media in writing, email being sufficient. By accepting the General Terms, you hereby agree to be bound by and to comply with the terms and conditions herein as well as any instructions issued by Mondstein Media from in relation to the Services.

1.4. These General Terms, together with any specific terms set out in a Campaign Brief (as defined in Section 3.1 below), constitutes the entire agreement and understanding between the Parties relating to the subject matter herein. For the avoidance of doubt, any reference to these “General Terms” shall further include each and every Campaign Brief delivered to you by Mondstein Media. In the event of any conflict between the General Terms and any separate terms set out in a Campaign Brief, the terms of the Campaign Brief shall prevail.

2. Talent criteria

2.1. To become and stay a Talent for Mondstein Media, the Talent must at any given time meet the following criteria and must continue to meet these criteria until termination of these General Terms in accordance with Section 14 below:

(I) Be at least 18 years old;

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(II) Have an active and engaged public social media profile on the Platforms as indicated by Mondstein Media; and

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(III) Have a social media profile that is aligned with Mondstein Media’s values.

2.2. As a Talent for Mondstein Media, Talent must comply with the following:

Not to make any false statements regarding Mondstein Media or its partners/clients or represent information that is otherwise not consistent with Mondstein Media`s or its partners/clients image (such as fraudulent, racist, discriminating, violent or sexual content), misleading towards consumers or not compliant with applicable regulations and the user terms and conditions of the Platforms.

3. Deliverables

3.1. Talent shall create Content based on briefs delivered by Mondstein Media for each individual Campaign that the Talent participates in (the “Campaign Briefs”).

3.2. The pictures/videos produced in connection with the Campaign must be in high resolution, without  blurs and any audio shall be loud and clear. All written text shall be made in a clear and legible font and size.

3.3. No other competing products/brands in the same category as promoted in the Campaign may be visible in the pictures/videos without prior written approval from Mondstein Media.

Any and all images and/or videos constituting Content shall be edited to reflect the Campaign Brief.

4. Posting of content

4.1. Talent shall post the Content created on the Accounts and Platforms specified in each Campaign Brief and otherwise in accordance with any additional instructions in each Campaign Brief. Furthermore, the Talent undertakes at all times to abide by the rules of the relevant Platform.

4.2. For the posts, the Talent must comply with all current and future laws and regulations regarding advertising when performing any marketing services in connection with the Campaign.This means the Talent has a duty to investigate which applicable laws and regulations need to be complied with in this regard and act accordingly. This includes, but is not limited to inserting disclosure language such as “Sponsored” “Ad” (including necessary translations). Disclosures may not be hidden and must be presented in a clear and prominent way. 

4.3. Further, the Talent agrees that:

(I) Mondstein Media must approve all Content before the Talent may publish the Content on the agreed Platforms. Mondstein Media may withhold approval in its absolute discretion;

(II) once Content has been approved by Mondstein Media, the Talent may publish the Content on the agreed Platforms and date, however not later than 24 hours after the agreed posting date, unless otherwise agreed between the Parties;

(III) the Talent may not edit, modify or in any other way alter the Content after Mondstein Media has approved the Content unless Mondstein Media instructs otherwise;

(IV) the Talent is solely responsible for the publication of the Content;

(V) after Content has been published, the Talent will not publish any other content of whatever kind it may be where the effect of publishing such additional content would be to reduce the prominence of the Content. Content posted must stay on the top of your feed for minimum (i) fourty-eight (48) hours with regard to other content created in connection with any paid partnerships and (ii) six (6) hours with regard to any content created by the Talent that was not created in connection with any paid partnerships;

(VI) The Talent agrees to be exclusive for the campaign and client one (1) week before and one (1) week after each publication of the content, meaning that the Talent shall not carry out any existing business relations with a company competing with the Mondstein Media`s client for the campaign in order to market the competitors products, brand or services. This will include but not be limited to mentioning the brand in a text, tag or hashtag.

(VII) Mondstein Media has the right at any time to moderate any Content after publication and the Talent will immediately make any reasonable modification or amendment requested by Mondstein Media; and

(VIII) Mondstein Media has the right at any time to request that the relevant Content will be removed, and the Talent will comply with such a request immediately upon receipt of such notification.

5. Ownership and use of content

5.1. All ownership, title and interest in and to the Content created by the Talent hereunder, including any intellectual property rights in such Content, whether registered or not, shall be the sole property of the Talent.

5.2. Notwithstanding the aforesaid in Section 5.1 above, Talent hereby grants to Mondstein Media an exclusive, irrevocable, worldwide, sub-licensable, royalty-free license to, use, copy, reproduce, publicly display and perform, transmit, sell, create derivative works of, modify, and otherwise distribute the Content to Mondstein Media’s clients. The license pursuant to this Section 5.2 shall be valid for a period of sixty (60) days from the date of Mondstein Media’s approval of the Content created by the Talent for each Campaign in accordance with Section 4.4 above.

5.3. Mondstein Media shall accord the Talent credit in connection with its use of the Content during a Campaign. However, any inadvertent failure to accord Talent such credit shall not be deemed a breach of these General Terms.

Remuneration

6.1. In consideration of the Talent’s performance of the Services hereunder, Mondstein Media shall pay to the Talent a fee stated in the Campaign Brief for each Campaign and the fee will be paid in connection with the Content being posted on the Talent’s Accounts as agreed by the Parties. Payment can be made in the form of products or in cash (bank transfer). Payment details for bank transfers need to be sent to Mondstein  Media in due time and must be correct. The Talent is solely responsible for the accuracy of such payment details.

6.2. No late payment penalties, charges or fees shall be applied.

6.3. Talent is solely responsible for any and all taxes, fees and/or other charges payable due to these General Terms and the fees paid to the Talent for the Services.

6.4. The Talent will send an invoice to Mondstein Media or its client, to be decided by Mondstein Media, containing sufficient information in order to make the relevant payment. The payment will be made within thirty (30) days after receiving the invoice. The payment will be made on the provision that the services defined in the brief have been completed in full.

7. Data protection

7.1. Mondstein Media processes personal data in accordance with the General Data Protection Regulation, GDPR, and in accordance with our applicable Privacy Policy which is available here. By accepting these General Terms, you consent to such processing and you warrant that all data provided by you is accurate and complete.

8. Honesty

8.1. Talent shall not misrepresent the size of its audience or its numbers of followers or engagement. Followers must be obtained organically and not through unethical behaviour such as (but not limited to), purchasing followers, likes or engagement.

8.2. In the event that Mondstein Media in its sole discretion suspects that the Talent is not complying with the requirement set out in Section 8.1 above, Mondstein Media reserves the right to immediately terminate these General Terms with the Talent.

9. Specific obligations of the talent 

Talent acknowledges and agrees:

(I) to comply with all legal requirements in connection with its obligations under these General Terms; and

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(II) not to use any of the Content in any manner or for any purpose in violation of these General Terms.

10. Representation and warranties

Talent represents and warrants to Mondstein Media that: 

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(I) it is at least 18 years old;

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(II) it has the legal right and power to enter into these General Terms;

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(III) the Content will not infringe any intellectual property rights or any other rights of any third party; and

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(IV) the Content is not defamatory, libellous, slanderous, obscene or likely to cause offence.

11. Confidentiality

11.1. Talent agrees, without limitation in time, not to reveal to third parties any confidential information, which the Talent obtains from Mondstein Media, or which arises during the performance of the Services under these General Terms. Confidential information shall mean any item of information – technical, commercial or of any other nature – regardless of whether or not such information has been documented, with the exception of information, which is generally known, or which becomes a matter of general knowledge in a manner other than through the Talent’s breach of these General Terms.

12. Indemnities and limitation of liability

12.1. Talent shall indemnify, defend and hold harmless Mondstein Media and their respective owners, directors, officers, employees, agents and representatives from any and all claims, demands, suits, liability, damages, loss, fees, costs (including reasonable attorney’s fees) and other expenses resulting from or arising out of (i) the Talent’s breach of these General Terms and (ii) any proven or alleged infringement of third party intellectual property rights by Content created by the Talent.

13. Force majeure 

13.1. Neither Party shall be liable for any loss, delay or failure in performance of any part of these Terms to the extent that such loss, delay or failure is caused by any event or circumstance that is beyond such Party’s reasonable control.

14. Term and termination

14.1. These General Terms shall enter into force when  accepted by the Talent in accordance with Section 1.3 above, and shall remain in force until further notice with a mutual notice period of one (1) month beginning upon receipt by a Party of a written notice from the other Party.

14.2. Furthermore, Mondstein Media may terminate these General Terms without prior notice if the other Party (i) breaches any material term or condition of these General Terms or any applicable law and/or regulation in relation to the Services or (ii) becomes insolvent or declares bankruptcy.

14.3. In the event of termination of these General Terms, Sections 5 (Ownership and Use of the Content), 7 (Data Protection), 11 (Confidentiality), 12 (Indemnities and Limitation of Liability) and 16 (Governing Law and Dispute Resolution) shall continue to be valid in accordance with what is stated therein after termination of these General Terms.

15. Miscellaneous

15.1. Assignment Talent may not assign these General Terms or any rights or obligations herein, by operation of law or otherwise without prior written consent of Mondstein Media.

15.2. Amendments These General Terms as well as our Privacy Policy may be amended by us from time to time. The latest version will be distributed to you and your email address that you have provided us with.

15.3. Severability A determination that any provision of these General Terms are invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof.

15.4. Legal relationship between the Parties Talent will act as an independent contractor under these General Terms, and nothing herein shall be construed as creating an employment relationship of any kind or a partnership as set out in the Swedish Partnership Act (Sw: lagen om handelsbolag och enkla bolag) between the Parties.

16. Governing law and dispute resolution

16.1. These General Terms and all issues in connection with them or with respect of the performance of the Services shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.

16.2. Any dispute, controversy or claim arising out of or in connection with these General Terms, or the breach, termination or invalidity thereof, or regarding our Services, shall be finally settled by arbitration in accordance with the Rules of Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. Unless otherwise agreed between us, the language to be used in the arbitral proceedings shall be Swedish or English and the award shall be confidential.