Important Notice Regarding These Optional Terms
These Optional Host-Creator Campaign Terms are provided by dnd video LLC, a Florida limited liability company (“dnd”) for general convenience only, to help Hosts and Creators document campaign arrangements made through the dnd platform. dnd is not providing legal advice to either party, and these terms may not address every issue, requirement, or circumstance relevant to a particular campaign.
Hosts and Creators are encouraged to independently review these terms, consult with their own legal counsel, and use their own contracts or additional terms if appropriate for their specific engagement.
Unless dnd expressly agrees otherwise in separate written terms, dnd is not a party to any campaign agreement between a Host and Creator. Each campaign engagement is strictly between the participating Host and Creator, and each party is solely responsible for reviewing, accepting, and performing its own obligations.
Host-Creator Optional Campaign Terms
1. Parties and Platform Role
These Host-Creator Campaign Terms apply to each campaign entered into through the dnd platform between a hotel, resort, lodge, tour operator, travel experience provider, destination, or other travel or hospitality business (“Host”) and a creator, influencer, photographer, videographer, or other promotional partner (“Creator”). The dnd platform is operated by dnd video LLC, a Florida limited liability company.
The campaign agreement is between Host and Creator only. dnd provides the platform and related tools that allow Hosts and Creators to connect, communicate, agree to campaign terms, and manage campaign logistics.
Unless dnd expressly agrees otherwise in separate written terms, dnd is not a party to the campaign agreement between Host and Creator. dnd is not responsible for Creator’s performance, Host’s payment or performance, the quality or results of any campaign, or any dispute between Host and Creator. Nothing in these terms makes Creator an employee, contractor, agent, representative, or partner of dnd.
2. Specific Agreement Terms
The specific business terms for each campaign, including the agreed services, deliverables, compensation, timing, usage rights, and any other campaign-specific details, will be determined by the terms separately agreed to by Host and Creator for that campaign in writing.
These terms are intended to provide a standard legal framework for campaigns arranged through the platform between Host and Creator. If Host and Creator agree to campaign-specific terms that conflict with these terms, the campaign-specific terms will control for that campaign only.
3. Creator Services
Creator will provide the services, content, posts, appearances, reviews, photography, videos, promotional activities, or other deliverables agreed to by Host and Creator for the applicable campaign.
Creator will perform the agreed services in a timely, professional, and good-faith manner, consistent with the agreed campaign requirements and any reasonable brand guidelines or instructions provided by Host.
Creator may not assign, delegate, or subcontract material campaign obligations to another person without Host’s prior approval.
4. Host Responsibilities
Host will provide Creator with the information, access, materials, approvals, brand guidelines, and instructions reasonably needed for Creator to perform the campaign.
Host is responsible for ensuring that any claims, offers, promotions, talking points, instructions, or materials it asks Creator to use are accurate, authorized, and legally compliant.
Host will review and respond to Creator’s reasonable questions, submissions, or approval requests in a timely manner so that Creator can complete the campaign as agreed.
5. Deliverables, Posting, and Performance Requirements
Creator will provide the content, posts, appearances, promotional activities, or other deliverables agreed to by Host and Creator for the applicable campaign.
Where the campaign requires public posting, Creator will publish the agreed content according to the agreed timing, platform, format, and content requirements. Creator will include any required tags, mentions, links, location tags, hashtags, or other campaign elements agreed to by the parties.
Creator is responsible for ensuring that posted content remains live for any period agreed to by the parties, subject to platform outages, account restrictions, content moderation decisions, or other circumstances outside Creator’s reasonable control.
6. Review, Approval, and Revisions
If Host approval is required before publication or delivery, Creator will submit the applicable content to Host for review in a reasonable manner before posting or final delivery.
Host will provide approvals, comments, or requested revisions within a reasonable time. If Host does not respond within a reasonable time, the parties will work in good faith to adjust timing as needed.
Creator will make reasonable revisions needed to bring the content into alignment with the agreed campaign requirements, Host’s reasonable brand guidelines, or applicable legal requirements. Creator is not required to perform materially expanded work, create new deliverables, or make revisions based on a change in creative direction unless the parties agree.
7. Compensation, Expenses, and Perks
Host will provide the compensation, reimbursement, complimentary stay, meals, amenities, products, experiences, or other consideration agreed to by Host and Creator for the applicable campaign.
Unless otherwise agreed, Creator is responsible for any expenses that were not approved by Host in advance.
Payment timing, refundability, cancellation consequences, and any conditions to payment will be governed by the specific campaign terms agreed to by Host and Creator. If no specific payment timing is agreed, payment will be due within a reasonable time after Creator completes the agreed services.
8. Changes to Campaign Scope
Any material change to the campaign scope, deliverables, timing, compensation, usage rights, approval requirements, or other key terms must be agreed to by both Host and Creator.
Neither party is required to provide additional services, rights, access, perks, reimbursement, or compensation unless agreed to by both parties.
9. Ownership and Use of Content
Unless otherwise agreed, Creator owns the content Creator creates for the campaign.
Creator grants Host the right to use the campaign content only as agreed by Host and Creator for the applicable campaign. The agreed usage rights may include limitations on where, how, how long, and in what formats Host may use the content, including whether use is limited to organic posting or also includes paid advertising, boosting, whitelisting, paid media, editing, sublicensing, or use by Host’s affiliates, agencies, or vendors.
Host may not use Creator’s content beyond the agreed usage rights without Creator’s permission.
10. Use of Host Materials
Host grants Creator a limited right to use Host’s names, logos, trademarks, images, brand materials, property information, and other materials provided by Host solely as needed to perform the campaign.
Creator may not use Host materials outside the campaign unless Host agrees.
Host retains all ownership of its names, logos, trademarks, brand materials, property materials, and associated goodwill.
11. Creator Name, Image, and Likeness
Host’s right to use Creator’s name, handle, image, likeness, voice, biography, and other identifying features is strictly limited to the extent expressly included in the agreed campaign content or otherwise separately agreed in writing by Host and Creator for that campaign. Any use of Creator’s name, image, or likeness outside the agreed campaign scope — including in advertising, promotional materials, press releases, or any other context — requires Creator’s separate prior written consent.
Host may not imply, represent, or suggest that Creator has an ongoing endorsement, employment relationship, partnership, or affiliation with Host beyond the specific applicable campaign, unless Creator separately agrees in writing.
12. Compliance and Disclosures
Both parties will comply with applicable laws, regulations, and platform rules in connection with the campaign.
Creator will make clear and legally required disclosures regarding any sponsored, paid, gifted, hosted, affiliate, complimentary, or promotional relationship with Host, including any required disclosures under the FTC Endorsement Guides or similar advertising laws and platform policies.
Host will not ask Creator to make false, misleading, unsubstantiated, or unlawful claims. Creator’s public statements must reflect Creator’s honest opinions and actual experience.
13. Representations and Warranties
Each party represents that it has the right and authority to enter into and perform the applicable campaign.
Creator represents that, to Creator’s knowledge, the content Creator creates for the campaign will be original or properly licensed and will not violate any third-party intellectual property, privacy, publicity, or other rights.
Host represents that, to Host’s knowledge, any materials, claims, offers, instructions, or information it provides for the campaign are authorized, accurate, and lawful.
14. Confidentiality
Each party may receive non-public information from the other party in connection with a campaign. This may include campaign strategy, pricing, rates, business plans, guest information, unpublished content, platform communications, or other confidential business information.
Each party will keep the other party’s confidential information confidential and use it only for the applicable campaign. These obligations do not apply to information that is publicly available, already known without restriction, independently developed, or lawfully received from another source.
15. Professional Conduct
The parties will communicate and perform in a professional, respectful, and good-faith manner.
Neither party will intentionally damage the other party’s reputation or goodwill in connection with the campaign. However, nothing in these terms prevents either party from making truthful statements, legally required disclosures, honest reviews, or good-faith reports of unlawful, unsafe, or improper conduct.
16. Cancellation, Rescheduling, and Nonperformance
Cancellation, rescheduling, and nonperformance will be handled according to the specific campaign terms agreed to by Host and Creator.
If no specific terms apply, the parties will work in good faith to reach a reasonable resolution based on the work completed, benefits provided, expenses incurred, timing of cancellation, and reason for cancellation or nonperformance.
Neither party will be responsible for delays or nonperformance caused by events outside its reasonable control, including severe weather, illness, travel disruption, emergency conditions, platform outages, property closures, or similar circumstances, provided the affected party gives prompt notice and works in good faith to reschedule or adjust the campaign where reasonable.
17. Independent Contractor Relationship
Creator is an independent contractor of Host and is not an employee, partner, agent, legal representative, or joint venturer of Host or dnd.
Creator is responsible for Creator’s own taxes, equipment, insurance, licenses, permits, and business expenses unless otherwise agreed by Host and Creator.
Nothing in these terms gives Creator authority to bind Host or dnd, make commitments on their behalf, or represent that Creator has authority to do so.
18. Disputes Between Host and Creator
Host and Creator will first attempt to resolve any dispute directly and in good faith.
dnd is not required to mediate, resolve, or participate in disputes between Host and Creator unless dnd separately agrees or is required to do so under applicable platform terms.
Each party preserves any rights or remedies available under the applicable campaign terms, these terms, dnd’s platform terms, or applicable law.
19. Limitations on Liability
To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of goodwill, or loss of business opportunity.
Unless otherwise agreed, each party’s total liability arising out of a campaign will not exceed the total compensation paid or payable for that campaign.
The liability limit does not apply to payment obligations, confidentiality breaches, misuse of intellectual property or content, indemnification obligations, intentional misconduct, fraud, or unlawful conduct.
20. Indemnification
Creator will indemnify, defend, and hold harmless Host and its affiliates, officers, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and reasonable legal expenses arising from: (a) Creator’s material breach of these terms; (b) Creator’s unlawful conduct in connection with the campaign; (c) Creator’s failure to make legally required disclosures; or (d) Creator-created content that infringes or misappropriates any third-party intellectual property, privacy, or publicity rights.
Host will indemnify, defend, and hold harmless Creator from and against any third-party claims, losses, damages, liabilities, costs, and reasonable legal expenses arising from: (a) Host’s material breach of these terms; (b) Host’s unlawful conduct in connection with the campaign; (c) Host-provided materials that infringe or misappropriate any third-party rights; or (d) claims, offers, instructions, or information Host required Creator to use that are inaccurate, unauthorized, or unlawful.
21. Relationship to Platform Terms
Use of the dnd platform remains subject to dnd’s own terms, policies, payment rules, and community guidelines.
These terms govern the campaign relationship between Host and Creator. dnd’s platform terms govern dnd’s rights, responsibilities, limitations, and relationship with each user.
If there is a conflict between these terms and dnd’s platform terms regarding dnd’s role, liability, payment processing, platform functionality, or platform rules, dnd’s platform terms will control as to dnd.
22. General Terms
These terms, together with the campaign-specific terms agreed to by Host and Creator, form the agreement between Host and Creator for the applicable campaign.
Neither party may assign its rights or obligations under a campaign without the other party’s consent, except that Host may assign the agreement to an affiliate or successor in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets.
If any provision is found unenforceable, the remaining provisions will remain in effect. A party’s failure to enforce any provision does not waive its right to enforce that provision later.
These terms may be accepted electronically, including through the dnd platform. Electronic acceptance has the same effect as a physical signature. Obligations that by their nature should survive completion, expiration, or termination of a campaign will survive, including payment obligations, confidentiality, intellectual property and usage rights, liability limitations, indemnification, and dispute-related provisions.
[Signatures on following page]
Host:
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Creator:
By: _______________________________
Name: _____________________________
Title or Handle: ___________________
Date: ______________________________
