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DRAFT — this is a working template covering the anti-circumvention clause you asked for. Have an actual lawyer review the full document (liability, data protection/DPDP Act compliance, payment terms, dispute jurisdiction) before treating it as binding. Last updated: 15 Jul 2026.

1. What Marketive is

Marketive is a platform operated by Marketive Studio that connects brands and individuals ("Brands") with content creators ("Creators") for influencer marketing collaborations. Marketive facilitates discovery and matching; it is not a party to the agreements Brands and Creators enter into with each other.

2. Anti-circumvention (non-disintermediation)

Marketive's matching, escrow protection, and dispute support only work if deals actually close on the platform. In exchange for access to Marketive's pool of matched counterparties, every Brand and Creator agrees to the following:

Any collaboration with a party you were introduced to, matched with, or contacted through Marketive — including one you later negotiate or complete outside the platform — remains subject to Marketive's platform fee for 12 months from the date of first contact on the platform.
You will not solicit or share contact details, payment details, or third-party messaging handles for the purpose of moving a specific deal off-platform to avoid the fee.
If Marketive determines, on reasonable evidence, that a Brand and Creator matched on the platform completed a paid collaboration without it being recorded and fee-settled through Marketive, both parties are subject to the enforcement in Section 3.

This clause does not restrict a Brand and Creator from working together through completely independent means unrelated to a Marketive introduction, or from continuing a relationship that predates their use of Marketive.

Enforcement: a confirmed circumvention is enforced through (a) a permanent, non-removable negative penalty rating recorded on both parties' Marketive profiles, shown separately from ordinary ratings so it cannot be diluted by unrelated positive reviews, (b) the outstanding platform fee becoming immediately due, and (c) for repeat violations, suspension or termination of platform access.

3. How the penalty rating works

A penalty rating is distinct from a normal 1–5 star review — it's flagged on the profile as a circumvention penalty, not averaged silently into the overall score.
It is visible to any future counterparty considering a match with that Brand or Creator.
Penalty ratings are not removable by the account holder and do not expire.
A party who believes a penalty was issued in error may appeal — see Section 6.

4. Platform fees

Current fee structure is published at Marketive Pricing and may change with notice. Creators do not pay to join or browse requirements.

5. Payments

Marketive does not currently hold funds in escrow. Payment between Brand and Creator is arranged directly between the parties; Marketive's platform fee is invoiced separately once a collaboration is marked complete. This will change as Marketive introduces in-platform escrow — see the payments section of the Pricing page for the current status.

6. Disputes and appeals

Disputes over deliverables, payment, or a penalty rating should be raised through Marketive support in the first instance. Marketive will review evidence from both parties before any enforcement action under Section 3 is finalized.

7. Contact

Questions about these terms: reach Marketive Studio via marketive.in.