Malinks Content Creator Agreement

1. Scope of Agreement

This Agreement governs your relationship with Malinks in relation to:

• Content distribution
• Event ticket sales
• Merchandise sales

2. Revenue Sharing and Fees

2.1 Ticket Sales

• Malinks shall charge a base commission of 6% on the gross revenue from all ticket sales made through the platform.
• Additional fees may apply depending on added services provided such as sales agents, wristbands, venue support, etc.
• Any adjustments to the commission rate will be mutually agreed upon in writing.

2.2 Merchandise Sales

• Malinks shall charge a 6% commission on merchandise sold through the platform.
• Delivery charges will be based on our delivery pricing guidelines, calculated according to the buyer's proximity to the delivery location.

2.3 Content Distribution

• For video on demand, audio, books, or other digital content, Malinks shall charge a commission ranging between 6% to 20%, depending on the specific terms agreed upon between Malinks and the Creator.

3. Required Documentation

To onboard as a Creator, the following documents must be submitted:

• Certificate of Incorporation
• Documents evidencing the company's obligations to pay tax in its jurisdiction (duly signed if local; notarized by a notary public if foreign)
• Company CR12 (List of Directors), dated within 3 months of submission (certified for local companies or notarized if foreign)
• Copies of licenses and/or documents demonstrating rights to the content, including the right to distribute
• Film Certificate of Approval from the Kenya Film Classification Board (for video content)
• Bank Account Details for revenue disbursement

NB: All documents must be duly certified by an Advocate of the High Court of Kenya, or notarized by a notary public if the Creator is based outside Kenya.

4. Content Ownership and Licensing

• You retain ownership of all content you upload to Malinks.
• By submitting content, you grant Malinks a non-exclusive, worldwide, royalty-free license to host, distribute, and promote your content for the duration of its availability on the platform.

5. Responsibilities of the Creator

You agree to:

• Ensure that all content and materials submitted are lawful and do not infringe on the rights of any third parties
• Comply with the Kenya Film Classification Board regulations (if applicable)
• Fulfill any obligations related to events or merchandise, including quality assurance and timely delivery
• Ensure all submitted music, books, videos, or other media adhere to relevant copyright laws and obtain necessary licenses before distribution

5.1 Copyright Compliance

• You confirm that you hold the copyright or have obtained all necessary rights, licenses, consents, and permissions to publish and distribute your content through Malinks.
• You shall indemnify and hold harmless Malinks against any claims, damages, or liabilities arising from copyright infringement or unauthorized use of content.
• You agree to provide documentary proof of your rights to distribute the content upon request by Malinks.

6. Payment and Settlement

• Payments due to you will be settled in accordance with our standard disbursement cycle, less applicable commissions and service charges.
• All disbursements will be made to the verified bank account provided by you during onboarding.

7. Term and Termination

• This Agreement remains in effect unless terminated by either party with thirty (30) days' written notice.
• Malinks may terminate the Agreement immediately for violation of these terms or misuse of the platform.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

9. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through good faith negotiations. If unresolved, the matter shall be referred to arbitration in Nairobi, Kenya in accordance with the Arbitration Act.

10. Contact

For any questions or clarifications, please contact: support@malinks.shop