These Agency Terms apply to any business or person that manages one or more Creators on Para (an "Agency") and its team members. They are part of the Para Terms of Service and are in addition to the Terms of Use. By registering as, or operating as, an Agency, you agree to these Agency Terms.
1. Authority and relationship
- An Agency may access and operate a Creator's Account, and act on the Creator's behalf, only with that Creator's authorization and within the scope the Creator grants.
- The Agency represents and warrants that it is duly authorized to act for each Creator it manages, and will provide evidence of authorization on request.
- The relationship between an Agency and its Creators is between them; Para is not a party to it and is not responsible for it.
2. Responsibility for Creators and team members
- The Agency is responsible for all acts and omissions of itself, its team members, and the Creators it manages on the Services, as if they were the Agency's own.
- The Agency must ensure that it and its managed Creators comply with the entire Terms of Service, including the Acceptable Use Policy, the age and identity verification and depicted-person consent requirements, the § 2257 record-keeping requirements, and the Anti-Trafficking & Anti-CSAM Statement.
- The Agency must not use its access to violate any law or our rules, to impersonate a Creator deceptively, or to mislead Fans.
3. Roles, access, and security
The Agency is responsible for managing its team members' roles and access, for keeping credentials secure, and for promptly removing access when a member or Creator relationship ends. The Agency must respect the access limits and role permissions provided by the Services.
4. Payments, chargebacks, and earnings
- Creator earnings are governed by the Creator Payout / Earnings Terms. Payouts are made as directed by the Creator (and, where authorized, the Agency).
- The Agency is jointly responsible with its Creators for chargebacks, refunds, fraud, and losses arising from the activity of the Creators it manages, and we may apply holds, set-off, clawback, or forfeiture against related earnings as described in the Payout Terms.
5. Liability and indemnity
The Agency will indemnify and hold harmless Para and its affiliates from claims, damages, and costs (including reasonable legal fees) arising from the Agency's, its team members', or its managed Creators' breach of the Terms of Service or applicable law, or violation of any third party's rights.
6. Suspension and termination
We may suspend or terminate an Agency's access (in whole or in part) for breach of the Terms of Service, risk of harm, or as required by law, in addition to any action we take against an individual Creator or Account.
7. Conflict
If these Agency Terms conflict with the Terms of Use, these Agency Terms govern for Agency-specific matters only; otherwise the Terms of Use govern.