Terms and Conditions

1. Agreement to Terms

By engaging Maken Media LLC ("Maken Media," "we," "us," or "our") for any services, including but not limited to video production, video editing, content creation, social media management, advertising management, funnel development, creative strategy, or white label fulfillment, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions in their entirety. Engagement includes, but is not limited to: signing a proposal, making a payment, providing raw footage or assets, or verbally or electronically confirming a project.

If you do not agree to these terms, do not engage our services.

2. Content Usage and Marketing Rights

By agreeing to work with Maken Media, you grant Maken Media LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, display, distribute, and create derivative works from any and all content produced during the course of our engagement for Maken Media's own marketing, advertising, promotional, portfolio, case study, and business development purposes.

This includes, without limitation:

• Final delivered videos, edits, and exports
• Raw footage, behind-the-scenes content, and production photography
• Screenshots, thumbnails, and stills derived from video content
• Performance metrics, analytics data, and campaign results (presented in aggregate or anonymized form)
• Client testimonials, reviews, and feedback provided during or after the engagement
• Before-and-after comparisons of content performance

This license survives termination of the client relationship. Maken Media may use the content across any platform, medium, or format, including but not limited to: our website, social media accounts, paid advertising, sales presentations, pitch decks, industry publications, and third-party marketing platforms.

Maken Media will not sell or sub-license your content to third parties for their independent commercial use. This right is limited to Maken Media's own promotional and portfolio purposes.

If you require restrictions on the use of your content for our marketing purposes, you must request this in writing before the start of the project. Any such restrictions must be agreed upon in a separate written addendum signed by both parties.

3. Intellectual Property

Client-owned content: Upon full payment of all invoices, the Client retains full ownership of the final delivered content for their own commercial use. The Client may use, distribute, and publish the delivered content without restriction for their own business purposes.

Maken Media-owned assets: Maken Media retains ownership of all proprietary tools, templates, presets, LUTs, motion graphics templates, editing workflows, strategies, and processes used in the creation of content. These are not transferred to the Client.

Third-party assets: Any stock footage, music, fonts, or other licensed assets used in production are subject to their respective license terms. Maken Media will ensure all third-party assets used are properly licensed for the Client's intended use.

4. Payment Terms

• All invoices are due upon receipt unless otherwise agreed in writing.
• For project-based work, a 50% deposit is required before production begins. The remaining balance is due upon delivery of final content.
• For monthly retainer agreements, payment is due on the 1st of each month. Services will be paused if payment is not received within 7 days of the due date.
• Late payments are subject to a 1.5% monthly interest charge (18% annually) on the outstanding balance.
• All payments are non-refundable once production has begun, as Maken Media allocates team resources, schedules, and production capacity upon project confirmation.
• If a Client cancels a project after production has started, the Client is responsible for payment of all work completed up to the cancellation date.

5. Revisions and Delivery

• Each project includes the number of revision rounds specified in the project proposal or service agreement.
• Additional revision rounds beyond the agreed scope will be billed at Maken Media's standard hourly rate.
• Revision requests must be submitted in writing (email or project management system) with specific, actionable feedback.
• Maken Media will deliver final content in the format(s) specified in the project scope. Requests for additional formats may incur additional fees.
• Turnaround times specified in proposals are estimates. Maken Media will make reasonable efforts to meet stated deadlines but is not liable for delays caused by Client-side delays in providing footage, feedback, approvals, or assets.

6. Client Responsibilities

The Client agrees to:

• Provide all necessary raw footage, assets, brand guidelines, and project briefs in a timely manner.
• Respond to revision requests and approval requests within 48 hours unless otherwise agreed.
• Ensure all content provided to Maken Media does not infringe on any third-party intellectual property rights.
• Obtain all necessary releases, permissions, and consents from individuals appearing in footage before providing it to Maken Media.
• Comply with all applicable laws and platform terms of service regarding the use and distribution of delivered content.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary business information, pricing, strategies, and non-public data shared during the course of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

This confidentiality obligation does not restrict Maken Media's right to use completed content for marketing purposes as described in Section 2.

8. White Label Services

For agencies or businesses engaging Maken Media for white label video editing or content fulfillment:

• Maken Media will not contact your clients directly or disclose the white label relationship unless authorized by you.
• You are responsible for managing your client relationship, approvals, and final delivery.
• The content usage rights in Section 2 apply to white label work. If you require exclusion of white label content from Maken Media's portfolio, this must be requested in writing before the engagement begins.
• Maken Media is not liable for disputes between you and your clients regarding content, delivery, or quality expectations.

9. Limitation of Liability

Maken Media LLC's total liability for any claim arising out of or related to these terms or our services shall not exceed the total amount paid by the Client to Maken Media in the 3 months preceding the claim.

Maken Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of the cause of action.

Maken Media is not responsible for the performance of content on any platform, including but not limited to views, engagement, leads, or sales generated. Content performance is influenced by factors outside Maken Media's control, including platform algorithms, audience behavior, and market conditions.

10. Indemnification

The Client agrees to indemnify, defend, and hold harmless Maken Media LLC, its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Content provided by the Client that infringes on third-party rights
• The Client's use of delivered content in violation of applicable laws or platform terms
• The Client's misrepresentation of facts, products, or services in content briefs
• Any claim by a third party (including the Client's own clients in white label arrangements) related to the content

11. Termination

Either party may terminate the engagement with 30 days written notice. Upon termination:

• The Client is responsible for payment of all work completed through the termination date.
• Maken Media will deliver all completed work product upon receipt of final payment.
• The content usage rights granted in Section 2 survive termination indefinitely.
• Any pre-paid retainer fees for undelivered services will be refunded on a pro-rata basis at Maken Media's discretion.

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, platform outages, or equipment failures.

13. Dispute Resolution

Any disputes arising from these terms shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws provisions.

15. Severability

If any provision of these terms is held to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms and Conditions, together with any project proposals, service agreements, or written addenda, constitute the entire agreement between the parties. No oral or written modification of these terms is binding unless signed by both parties.

17. Contact

For questions about these terms, contact:

Maken Media LLC
Scottsdale, Arizona
sam@makenmedia.co
833.755.2688