Positron Marketing — Terms of Service
Effective date: September 17, 2025
Website: https://positronmarketing.com
These Terms of Service (“Terms”) govern your use of services provided by Positron Marketing (“Positron,” “we,” “us,” or “our”). By engaging Positron or accessing materials (including influencer profiles) we provide, you agree to these Terms. If you do not agree, do not use our services or use materials we supply.
1. Services
Positron provides influencer marketing services, including sourcing, introducing, and facilitating relationships with influencers. Positron operates on a non-exclusive basis unless otherwise agreed in writing.
2. Acceptance
A brand’s receipt of an influencer profile, proposal, invoice, or other materials from Positron constitutes acceptance of these Terms for that engagement.
3. Non-Solicitation / Non-Compete
Any brand that receives any influencer profile from Positron Marketing has agreed not to contact the influencer or his manager for marketing purposes except through Positron Marketing for six months from the date the brand receives the profile, unless the brand had been in contact with the influencer or his manager within twelve months prior to receiving the profile.
4. Fees & Payment
Fees, payment terms, and any deposits will be set out in our proposal or invoice. Unless stated otherwise, payments are due within the timeframe specified on the invoice. Late payments may incur additional fee.
5. Confidentiality
Each party agrees to keep confidential any non-public information disclosed in connection with our services and not to use such information except to perform obligations under these Terms, except where disclosure is required by law.
6. Intellectual Property
Unless otherwise agreed in writing, influencers retain rights to their creative work; Positron retains ownership of proposals, introductions, and any materials created by Positron. Use of Positron materials outside the scope of the engagement requires written permission.
7. Representations & Warranties
Each party represents that it has authority to enter into these Terms. Positron does not warrant results (e.g., specific follower growth, sales, or engagement metrics) unless expressly guaranteed in a separate written agreement.
8. Limitation of Liability
To the fullest extent permitted by law, Positron’s liability for claims arising out of or relating to these Terms is limited to the fees actually paid to Positron for the specific engagement that gave rise to the claim. Positron is not liable for indirect, incidental, special, exemplary, or consequential damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Positron and its officers, employees, and contractors from claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or your use of influencer content in violation of third-party rights or applicable law.
10. Termination
Either party may terminate an engagement as set out in the applicable proposal or agreement. Termination does not relieve either party of obligations accrued prior to termination (including payment for services performed).
11. Privacy
We process personal data in accordance with our Privacy Policy available on our website at https://positronmarketing.com. By using our services you consent to such processing.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction identified in the applicable proposal or, if none is specified, by the laws of the state or country where Positron is incorporated. Disputes should first be attempted to be resolved in good faith by negotiation; if unresolved, they will be resolved as set out in the applicable engagement agreement.
13. Changes to Terms
Positron may update these Terms from time to time. Updated Terms will be posted on our website or communicated to you; continued use of our services after posting constitutes acceptance of the updated Terms.
14. Entire Agreement
These Terms, together with any proposal or written agreement between you and Positron, constitute the entire agreement between the parties relating to the subject matter hereof.
15. Contact
Questions about these Terms or requests related to these Terms should be sent to our email: info@positronmarketing.com