Terms of Use

Terms of Use & Agency Representation

1. Introduction and Overview

Welcome to Ferasia. This website and our services are owned and operated by Ferasia ("the Agency"). These Terms of Service ("Terms") govern your access to our website and the legal framework of our representation of Influencers ("Talent") and our interactions with Brands ("Clients").

By accessing this site or registering as an Influencer, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. The Agency Model (Our Process)

The Agency operates on an "Influencer-First" model. By submitting your information or signing a representation agreement via this website, the following process is established:

1. Talent Onboarding: The Agency reviews and accepts the Influencer into our network.

2. Solicitation: The Agency proactively markets the Influencer’s profile to potential Brands.

3. Deal Negotiation: The Agency negotiates the terms, pricing, and deliverables with the Brand.

4. Consent: No deal is final until the Agency presents the offer to the Influencer and the Influencer provides written or electronic acceptance.

5. Payment Flow: The Brand pays the Agency 100% of the project fee. The Agency deducts its pre-agreed commission (the "Agency Cut") and remits the remainder to the Influencer.

3. Influencer Obligations & Warranties

Influencers who join our roster represent and warrant that:

• Ownership: You own all rights to your social media accounts and the content you produce.

• Authenticity: You shall not use "bots," purchased followers, or fake engagement methods.

• Compliance: You will follow all FTC (Federal Trade Commission) guidelines or local equivalent laws regarding the disclosure of paid partnerships (e.g., using #ad or #sponsored).

• Exclusivity of Representation: While under an active campaign negotiated by the Agency, you may not negotiate directly with that specific Brand for the same or similar services without Agency involvement.

4. Financial Terms, Commission, and Payouts

• Agency Commission: The Agency charges a service fee for its management and procurement services. This fee is typically a percentage of the gross deal value, as defined in the specific Talent Agreement.

• Secured Payments: The Agency acts as the financial fiduciary. We ensure that the Brand pays the full amount before or immediately after content delivery to protect the Influencer.

• The "Pay-When-Paid" Policy: The Agency is responsible for distributing funds to the Influencer only after the Brand has successfully cleared the payment to the Agency’s accounts.

• Tax Responsibility: Influencers are independent contractors and are solely responsible for their own income taxes, social security, and local tax filings.

5. Content Rights and Usage

• Usage License: Unless otherwise stated in a specific campaign brief, the Influencer grants the Brand a limited, non-exclusive license to use the content for social media promotion.

• Portfolio Right: The Agency reserves the right to use the Influencer’s name, likeness, and campaign results in Agency "Case Studies" or "Pitch Decks" to attract future Brands.

6. Limitation of Liability

The Agency shall not be liable for any indirect, incidental, or consequential damages resulting from a Brand’s failure to launch a campaign or an Influencer’s failure to deliver content on time. Our total liability is limited to the commission earned by the Agency on the specific project in question.