Welcome to Crescent Media Group ("Company", "we", "our", or "us"). By accessing or using our website, services, campaigns, products, content, creator network, consulting services, influencer marketing services, public relations services, social media services, content production services, advertising services, or any related offerings (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms").

If you do not agree with these Terms, you must discontinue use of our website and Services immediately.

1. Company Information

Crescent Media Group is a media, marketing, creator economy, advertising, public relations, and technology-enabled services company operating globally.

These Terms govern all interactions between Crescent Media Group and any individual, company, brand, agency, creator, influencer, contractor, vendor, or other entity engaging with our Services.

2. Eligibility

You represent and warrant that:

  • You are at least 18 years old.
  • You possess the legal authority to enter into binding agreements.
  • Any information provided to us is accurate, complete, and current.
  • You will comply with all applicable laws, regulations, platform policies, and advertising guidelines.

3. Scope of Services

Our Services may include:

  • Influencer Marketing
  • Creator Marketing
  • User Generated Content (UGC)
  • Social Media Marketing
  • Public Relations
  • Brand Partnerships
  • Campaign Strategy
  • Content Production
  • Media Buying
  • Talent Management
  • Creator Discovery
  • Marketplace Services
  • Marketing Consulting
  • AI-Enabled Marketing Services
  • Software and Platform Solutions

We reserve the right to modify, suspend, or discontinue any Service at any time without prior notice.

4. Campaign Performance Disclaimer

Marketing outcomes are influenced by numerous factors beyond our control.

Unless explicitly stated in a separate signed agreement, Crescent Media Group does not guarantee:

  • Sales
  • Revenue
  • Leads
  • Conversions
  • App installs
  • Virality
  • Engagement rates
  • Reach
  • Impressions
  • Click-through rates
  • Return on ad spend (ROAS)
  • Search rankings
  • Creator performance metrics

Past performance does not guarantee future results.

Any projections, forecasts, estimates, benchmarks, or case studies presented by Crescent Media Group are illustrative only and should not be construed as guarantees.

5. Influencer and Creator Services

When facilitating collaborations between brands and creators:

  • Crescent Media Group acts as a facilitator, intermediary, agency, consultant, or service provider.
  • Creators are independent contractors and are not employees of Crescent Media Group.
  • We are not responsible for creator opinions, statements, conduct, actions, omissions, or behavior.
  • We cannot guarantee creator compliance after content has been published.
  • We are not liable for platform account suspensions, demonetization, shadow bans, content removals, audience reactions, or platform policy enforcement actions.
  • Brands are responsible for reviewing and approving creators before campaign launch.

6. Client Responsibilities

Clients agree to:

  • Provide accurate information.
  • Supply required assets, guidelines, and approvals on time.
  • Obtain all necessary rights for materials provided to us.
  • Review deliverables within agreed timelines.
  • Comply with applicable advertising, consumer protection, and disclosure laws.

Delays in approvals, feedback, or asset delivery may impact campaign timelines and deliverables.

7. Fees and Payments

All fees are non-refundable unless otherwise agreed in writing.

Invoices shall be payable according to the payment terms specified in the applicable agreement or invoice.

Failure to make payment may result in:

  • Suspension of Services
  • Campaign cancellation
  • Removal of access to deliverables
  • Collection proceedings
  • Recovery of legal fees and collection costs

The client remains responsible for all approved campaign expenses, creator fees, production costs, advertising costs, platform fees, taxes, and third-party expenses.

8. Refund Policy

Unless expressly stated in a signed agreement:

  • Deposits are non-refundable.
  • Retainers are non-refundable.
  • Strategy fees are non-refundable.
  • Creator fees become non-refundable once creators are contracted.
  • Advertising and media spend are non-refundable after deployment.

No refunds shall be issued based solely on dissatisfaction with campaign performance.

9. Intellectual Property

All pre-existing intellectual property remains the property of its respective owner.

Unless otherwise agreed in writing:

  • Crescent Media Group retains ownership of proprietary methodologies, processes, frameworks, software, systems, tools, templates, and know-how.
  • Clients receive only the rights expressly granted under the applicable agreement.
  • Creators retain ownership of their content unless rights are separately purchased or assigned.

Clients represent that they own or have permission to use all materials submitted to Crescent Media Group.

10. Content Rights and Usage

Unless otherwise specified in a written agreement:

  • Content usage rights are limited to the agreed platforms, territories, and durations.
  • Whitelisting rights, paid media rights, licensing rights, exclusivity rights, and perpetual usage rights require separate written approval.

Unauthorized use beyond agreed rights may result in additional fees.

11. Confidentiality

Each party agrees to protect confidential information received from the other party.

Confidential information includes but is not limited to:

  • Pricing
  • Campaign strategies
  • Client lists
  • Business plans
  • Technical information
  • Financial information
  • Trade secrets

Confidentiality obligations survive termination of the business relationship.

12. Third-Party Platforms

Our Services may involve third-party platforms including social networks, advertising networks, creator marketplaces, software providers, analytics tools, and media platforms.

We are not responsible for:

  • Platform outages
  • API changes
  • Algorithm changes
  • Policy changes
  • Account restrictions
  • Content removals
  • Service interruptions

Use of third-party platforms is subject to their respective terms and policies.

13. Limitation of Liability

To the maximum extent permitted by law:

Crescent Media Group shall not be liable for any:

  • Indirect damages
  • Consequential damages
  • Incidental damages
  • Special damages
  • Punitive damages
  • Lost profits
  • Lost revenue
  • Lost opportunities
  • Business interruption
  • Loss of goodwill
  • Data loss

Our total aggregate liability arising from any claim shall not exceed the total amount paid by the client to Crescent Media Group during the three (3) months preceding the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless Crescent Media Group and its officers, employees, contractors, affiliates, partners, and representatives from any claims, liabilities, damages, losses, expenses, costs, or legal fees arising from:

  • Your use of the Services
  • Your breach of these Terms
  • Violation of applicable laws
  • Violation of third-party rights
  • Materials supplied by you
  • Advertising claims made by you

15. Non-Solicitation

Clients shall not directly hire, engage, contract, or circumvent creators, employees, contractors, or service providers introduced by Crescent Media Group for a period of twelve (12) months following introduction without prior written consent.

16. Force Majeure

Crescent Media Group shall not be liable for delays or failures caused by circumstances beyond reasonable control, including:

  • Natural disasters
  • Government actions
  • Labor disputes
  • Internet outages
  • Cybersecurity incidents
  • Platform failures
  • War
  • Terrorism
  • Pandemics

17. Termination

We may suspend or terminate access to Services at any time if:

  • These Terms are violated.
  • Payment obligations are not fulfilled.
  • Fraudulent or unlawful activity is suspected.
  • Continued service would expose Crescent Media Group to legal, financial, or reputational risk.

Termination does not relieve any outstanding payment obligations.

18. Privacy

Use of our Services is also governed by our Privacy Policy.

By using our website and Services, you consent to the collection and processing of information as described in the Privacy Policy.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable to the jurisdiction in which Crescent Media Group is incorporated and operates.

Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the competent courts in the applicable jurisdiction.

20. Changes to These Terms

We reserve the right to update or modify these Terms at any time.

Continued use of the website or Services following any modification constitutes acceptance of the revised Terms.

21. Contact Information

For questions regarding these Terms, please contact:

Crescent Media Group

  • Email: henlo@thecloutcompany.com

By accessing our website or engaging our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

22. Non-Circumvention / Non-Bypass

Crescent Media Group invests significant time, resources, proprietary data, industry relationships, and commercial efforts in identifying, negotiating, introducing, managing, and facilitating collaborations between brands and creators. Accordingly, both Brands and Creators acknowledge that these introductions constitute valuable business relationships belonging to Crescent Media Group.

Brand Non-Bypass

Where Crescent Media Group introduces, negotiates, manages, or facilitates a collaboration with a Creator, the Brand agrees that it shall not, directly or indirectly:

  • engage, contract, commission, retain, or otherwise work with such Creator outside Crescent Media Group;
  • solicit or encourage the Creator to bypass Crescent Media Group;
  • facilitate any arrangement through a third party or affiliated entity designed to avoid Crescent Media Group's involvement.

This restriction shall remain in effect for a period of twenty-four (24) months following the completion, expiration, or termination of the most recent campaign facilitated by Crescent Media Group.

Creator Non-Bypass

Where Crescent Media Group introduces a Brand to a Creator, the Creator agrees that it shall not, directly or indirectly:

  • accept commercial work from the Brand outside Crescent Media Group;
  • solicit business directly from the Brand;
  • enter into any arrangement with the Brand through another agency, management company, affiliate, or intermediary for the purpose of avoiding Crescent Media Group.

This restriction shall remain in effect for twenty-four (24) months following the completion, expiration, or termination of the most recent campaign facilitated by Crescent Media Group.

Circumvention Through Third Parties

Neither the Brand nor the Creator may circumvent these obligations by engaging through subsidiaries, affiliates, holding companies, parent companies, agencies, talent managers, employees, consultants, family members, or any other third party acting on their behalf.

Remedies

If Crescent Media Group reasonably determines that a Brand or Creator has circumvented or attempted to circumvent these provisions, Crescent Media Group shall be entitled to recover, in addition to any other remedies available under law or equity:

  • all commissions, agency fees, service fees, management fees, or other compensation that Crescent Media Group would have earned had the engagement been conducted through Crescent Media Group;
  • retrospective fees for all projects, campaigns, renewals, extensions, or commercial engagements entered into in breach of this clause, calculated using Crescent Media Group's standard commercial rates or the fees agreed under the original engagement, whichever is higher;
  • reasonable legal fees, investigation costs, and collection expenses incurred in enforcing this provision.

The parties acknowledge that monetary damages alone may be insufficient to remedy a breach of this clause, and Crescent Media Group shall additionally be entitled to seek injunctive or equitable relief where permitted by applicable law.

23. Reputation, Professional Conduct, and Non-Disparagement

The Brand and the Creator agree to conduct themselves professionally and ethically throughout the course of any engagement facilitated by Crescent Media Group.

Neither party shall knowingly make or publish any false, misleading, malicious, defamatory, or disparaging statements, whether orally, in writing, electronically, or through social media, that are reasonably likely to harm the reputation, goodwill, business interests, employees, clients, creators, or commercial standing of Crescent Media Group or the other party.

This obligation shall remain in effect during the engagement and for a period of one (1) year following its completion or termination.

Nothing in this clause shall prohibit a party from:

  • making truthful statements required by law, regulation, or court order;
  • reporting suspected unlawful conduct to a competent authority; or
  • providing truthful testimony in any legal or regulatory proceeding.

A material breach of this clause may result in the immediate termination of the engagement, forfeiture of any unpaid compensation where permitted by applicable law, and the pursuit of injunctive relief, damages, and any other legal or equitable remedies available.