Social Media Content Re-posting Agreement
I hereby grant to Brandt Corporate Services Ltd. and its affiliated entities globally (individually and collectively, “
Brandt”) an irrevocable, perpetual, royalty-free, fully paid-up worldwide non-exclusive license (the "
Non-Exclusive License") to repost, share, distribute, use, modify, edit, reproduce, copy, publish, sublicense, publicly perform, publicly display, use for any commercial and business purpose, index, comment upon, republish, and distribute the image, photograph, text, illustration, drawing, written description, video, and other content that I have tagged, shared, sent and/or provided to any one or more of Brandt’s social media accounts, including, without limitation any Brandt LinkedIn account(s), Brandt Facebook account(s), Brandt Instagram account(s) and Brandt Twitter account(s) together with my name, social media handle(s), likeness, appearance, voice, and/or biographical information (name, city, province/territory of residence), and any other information that I provide to Brandt, and those of any people depicted therein (individually and collectively, the “
Posted Content”), and any derivative works of the Posted Content that result from modification by or for Brandt in any media now known or hereinafter invented without compensation, including, without limitation, the internet, any of Brandt’s social media accounts and/or other traditional marketing platforms. For example, under the Non-Exclusive License, Brandt can use the Posted Content for or in conjunction with: i) any products, services, or related objects of Brandt, for marketing, advertising, publicity, or any other commercial or lawful purpose; ii) any packaging, promotional and advertising material associated with any products, services, or related objects of Brandt, for marketing, advertising, publicity, or any other commercial or lawful purpose; and/or iii) publication, distribution or broadcast on the internet, social media platforms, or via any electronic communications network or system, or on broadcast radio, television, printed publications or otherwise.
I hereby represent and warrant that: i) the Posted Content is my original work and that I am the owner of and control all right, title and interest in the Posted Content, or alternatively: a) I have the written consent from such copyright owner to use the Posted Content (including the consent from any other individual (and the individual’s parent or legal guardian if the person is under the age of majority in their province of residence) appearing in the Posted Content; and b) I have the right and power to grant the Non-Exclusive License, and that there are no other agreements, limitations or restrictions with any other party in conflict with such Non-Exclusive License, including but not limited to, any agreements with a social media platform or other online service provider (such as LinkedIn, Facebook, Instagram or Twitter); ii) the Posted Content, and Brandt’s permitted use of the Posted Content, does not and will not infringe any valid right of any third party; iii) I solely authored, took or photographed any images, video, or photographs present in the Posted Content, or have otherwise obtained the rights from the author, taker or photographer of any images, video or photographs present in the Posted Content; iv) I have the right to grant Brandt the permission, consent and/or rights herein with respect to all persons or items displayed in the Posted Content; v) no other permissions, licenses or consents are necessary in order for Brandt to use the Posted Content as permitted herein; and vi) I am either: a) of legal age to enter into this Agreement (as hereinafter defined) and agree to be bound by the terms and conditions herein; or b) the parent or legal guardian of a child under the legal age to enter into this Agreement (as hereinafter defined) and agree to be bound by the terms and conditions herein on behalf of my child (individually and collectively, the “
Representations and Warranties”).
In entering into this Agreement (as hereinafter defined) and granting this Non-Exclusive License, it is agreed that: i) this agreement, including, without limitation, the terms and conditions herein, the Non-Exclusive License and the Representations and Warranties (individually and collectively, the “
Agreement”) constitutes the sole and entire agreement of the parties herein with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; ii) as between myself and Brandt, I shall continue to own the Posted Content; iii) Brandt shall own all derivative works created which are based upon the Posted Content; iv) the Non-Exclusive License, any rights granted to Brandt under this Agreement, and any benefits available to Brandt under this Agreement may be exercised with or without attribution to me and shall not require Brandt to provide me with any compensation, royalty, or other payment or approval rights of any kind; v) I will assist Brandt in acquiring any permission, consent or documentation from third parties that Brandt may reasonably request to confirm the Representations and Warranties, at my expense (for example, such assistance may include providing the name, physical mailing address, age, and/or email address of any persons appearing in Posted Content submitted to Brandt; vi) Brandt is under no obligation to use any Posted Content, and may remove any Posted Content at any time; vii) this Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, and the laws of Canada applicable therein; viii) if all or part of any term and/or provision of this Agreement is held by competent authority to be invalid, illegal or unenforceable, for any reason, the remainder of this Agreement shall remain valid and enforceable; ix) this Agreement shall enure to the benefit of and be binding upon the parties herein and their respective legal representatives, heirs, executors, administrators, successors and assigns, as the case may be; and x) by sending or sharing an electronic communication to Brandt, including, without limitation, through any one or more of Brandt’s social media accounts, including, without limitation any Brandt LinkedIn account(s), Brandt Facebook account(s), Brandt Instagram account(s) and Brandt Twitter account(s), from any one or more of my social media accounts stating #okbrandt, I acknowledge and agree to be bound by this Agreement, including, without limitation, the granting of the Non-Exclusive License, the Representations and Warranties, and all of the terms and conditions contained herein this Agreement.