Part One: With influencers
Joining is free, and the decision on every offer is yours. We negotiate on your behalf, collect the amount from the brand, and transfer your share to you. The brands we introduce to you are dealt with through us.
Part Two: With brands
The request is free, and you pay nothing before the price is agreed. We manage the ad from start to finish, and the influencers we introduce to you are dealt with through us.
Acceptance of this policy
This policy is the agreement between Manjam Altathir (منجم التأثير), registered under Commercial Registration No. 7055422807 in Jeddah, referred to as “the Agency”, and every influencer who joins its network (Part One), and every brand that requests an ad through it (Part Two). By ticking the box accepting it and the Payment Policy in the request or joining form or in “My Account”, the party is deemed to have accepted both in a binding acceptance that takes the place of signing the contract between it and the Agency, and the Agency saves the date of acceptance and the policy version number in its account. The Payment Policy is an integral part of this policy. Each individual ad is documented with its own ad contract or ad order.
Part One
Work Policy with influencers
1. Definitions
- The Network: “Manjam Altathir Network” on the Agency’s website, including the network influencers page and the influencer’s account on the website (“My Account”).
- The Brand: any company, establishment, brand or entity that requests an ad through the Agency.
- The Offer: an ad that the Agency presents to the influencer, whether the Agency recommended him or the brand requested him itself from the network influencers page.
- The Ad: any advertising or promotional work that the influencer agrees to carry out for a brand through the Agency, whether a video, a post, a story or otherwise.
- The Ad Contract: a separate contract or ad order for each ad before it is carried out, specifying the brand, the platforms, the deliverables, the dates, the value of the ad, the Agency’s commission and the influencer’s share; this policy applies to it.
- The Value of the Ad: the total price agreed with the brand for the influencer’s work, excluding the Agency’s fixed fee paid by the brand.
- The Influencer’s Share: the value of the ad after deducting the Agency’s commission.
2. Subject of the agreement
- The Agency markets the influencer, presents his profile to brands within and outside the Network, recommends him for suitable requests, negotiates the price and details on his behalf within the limits he approves, coordinates the ad, and collects its value from the brand.
- The influencer carries out the ads he accepts in accordance with the approved ad contract.
- The influencer is not obliged to accept any offer, and he may accept or decline it from “My Account” or through any approved means of communication.
- The Agency does not conclude a binding contract in the influencer’s name without his approval, unless it has been given an explicit and separate authorization to do so.
- Joining the Network is free; the Agency charges the influencer no joining or subscription fees, and its dues from him are limited to the commission set out in the Payment Policy.
3. Offers and approval of ads
- The Agency presents every ad to the influencer with its basic information (the brand’s name, its field of business and the type of ad), and does not provide him with the brand’s contact details.
- If the influencer accepts the offer, the Agency negotiates the price and details with the brand on his behalf, and the influencer is not committed to anything before the price is agreed.
- After the price is agreed and the brand pays the first payment, the ad is documented with a separate ad contract before the influencer begins creating the content, specifying at least: the brand, the platforms, the number of videos or posts and their duration, the filming and publishing dates, how long the content stays up, the value of the ad, the Agency’s commission, the influencer’s share, and the date of its transfer.
- The influencer delivers the final video to the Agency, which presents it to the brand for approval, and the influencer does not publish the ad until the brand has approved it and the Agency has confirmed receipt of the full value of the ad.
- Electronic approvals and correspondence are approved means of communication between the two parties, including “My Account” on the Agency’s website, and they complement this policy with respect to the ad concerned.
4. Commission and collection of amounts
The Agency’s commission, the influencer’s prices, the collection of the value of the ad from the brand, and the transfer of the influencer’s share and its timing are all set out in the “Influencers” section of the Payment Policy, which is part of this policy.
5. Non-circumvention and client protection
- Source of the client: a client is considered one of the clients introduced by the Agency whenever it is established that the Agency carried out any substantial act that led to introducing it or to creating the relationship or the business opportunity, such as contact, introduction, referral, arranging a meeting, sending an offer or negotiation, or the client requesting the influencer through the Network.
- General obligation: each party undertakes not to circumvent or deceive the other party, directly or indirectly, and not to do anything intended to deprive it of a right, commission or financial consideration due to it under this policy.
- Protected clients: a protected client of the Agency is any person, establishment, company, advertising agency, brand, representative or intermediary in respect of whom the Agency has done any of the following: introduced it to the influencer, introduced the influencer to it or presented his profile to it (including its requesting the influencer from the network influencers page), arranged contact or negotiation between them, sent it an offer, a quotation or information concerning the influencer, referred an advertising opportunity from it to the influencer, or contributed substantially to creating the relationship between them. It is not required that the first deal actually be concluded, as long as the Agency was a substantial cause of the opportunity.
- The agency line in the bio: if a brand contacts the influencer about an ad and mentions that it came to know him through the Agency, its website or the agency line in the bio of his accounts, the influencer must refer it to the Agency, and it is considered a protected client.
- Prohibition of direct dealing: the influencer may not contract, negotiate, carry out an ad or accept consideration from a protected client in a way that bypasses the Agency or deprives it of its commission, whether directly or through an employee, representative, agent, intermediary, agency or company related to the client.
- Prohibition of using others: neither party may use a third party, a relative, an establishment or another account to conceal the dealing or divert the deal or the consideration with the intention of bypassing the other party’s rights, and acting through others is treated as acting directly.
- Changing the description of the deal: the Agency’s right is not forfeited by changing the name or form of the dealing, such as describing the consideration as a gift, a reward, a sponsorship, a partnership, products or benefits in kind, as long as it is in reality consideration for an advertising dealing arising from the opportunity introduced by the Agency.
- Subsequent dealings: if the Agency’s introduction results in a relationship between the protected client and the influencer, the Agency is entitled to its commission on subsequent ads with that client throughout the term of the agreement and the protection period, unless the two parties agree otherwise in writing.
- Protection period: client protection continues for twenty-four (24) months from the date the agreement ends for any reason, and the Agency retains its rights over any deal whose negotiation started during this period, even if it is carried out after it.
- Duty of disclosure: if a protected client contacts the influencer directly about an ad, the influencer informs the Agency within forty-eight (48) hours. Mere contact is not a violation; the violation lies in deliberately concealing it or completing the dealing to bypass the Agency’s rights.
- Disclosure of value: the influencer discloses the actual value of the dealing in deals on which the Agency is owed a commission, and in the event of a serious dispute provides evidence of it to the extent relevant to the Agency’s rights.
- Protection of the influencer: the Agency does not exploit the influencer’s name, image or accounts to conclude an agreement in his name without his approval, does not collect amounts in his name except within the limits of this policy, and does not conceal the real value of the ad or the amounts received.
- The influencer’s previous clients: the protection does not apply to a client with whom the influencer proves an actual and direct business relationship before the Agency introduced it, provided that he discloses it as soon as he learns that the Agency has contacted it. Mere acquaintance, following or general correspondence is not enough.
- Proof: the introduction of the client, the deal or its value may be proven by all legally recognized means of proof, including contracts, invoices, transfers, correspondence, email and the Network’s records.
- Continued effect: the provisions of this clause remain in force after the agreement ends, throughout the protection period.
6. Transparency
Both parties undertake to disclose the material information relating to the ads that affects the other party’s rights, and contracts, invoices, discounts, commissions or amounts that affect the calculation of its dues may not be concealed. The party concerned may request evidence of the actual value of the ad to the extent necessary.
7. Obligations of the Agency
- To exercise the usual professional care in attracting brands and ads suitable for the influencer.
- To present every ad to the influencer with its details before committing to it, and not to bind him to an ad he has not accepted.
- To negotiate on the influencer’s behalf in good faith, and to inform him of the agreed value of the ad, the Agency’s commission and his share.
- Not to provide misleading information about the influencer, and not to make commitments on his behalf that he has not authorized.
- To safeguard the influencer’s reputation and confidential information, and not to show his mobile number or email to brands or to the public.
- Not to use the influencer’s name, image or accounts outside the agreed scope of marketing, which includes showing his profile on the network influencers page after his approval.
- To transfer the influencer’s share on the date set out in the Payment Policy.
8. Obligations of the influencer
- To carry out the ads he has accepted in accordance with the ad contract and the agreed dates.
- Not to make material changes to the ad after it is approved, and not to publish it before the brand approves it and the Agency confirms receipt of its full value.
- To comply with the regulations and instructions relating to advertising and content, including clearly showing the advertising nature of the content.
- To comply with the Agency’s policy compliant with Islamic Sharia: ads without music and with no women appearing in them, and not carrying out ads through the Agency in the fields of gaming, fitness, make-up and drawing.
- To provide accurate and up-to-date information about his accounts, follower counts and views, and to update last month’s views in “My Account” at the beginning of each calendar month.
- To add the agency line he finds in “My Account” to the bio of his accounts after his acceptance and for as long as he remains in the Network; he may remove it after the agreement ends.
- Not to deliberately harm the Agency’s rights or its relationships with clients, and to comply with clause (5).
9. The Mawthooq licence and regulatory requirements
- The Agency does not complete any deal, and no ad is published, until it has confirmed that the influencer, if Saudi or residing in the Kingdom, holds a valid Mawthooq licence from the General Authority for Media Regulation.
- The licence is not required to join the Network, but if the influencer is Saudi or a resident and does not hold a valid licence, he undertakes to start the process of issuing it as soon as he receives his first offer, and it must be issued before the ad contract is documented and the ad is published.
- If the influencer does not start the issuing process within seven (7) days of receiving the offer, or if it cannot be issued before the execution date, the Agency may decline the offer, present it to another influencer and remove his profile from the Network, with no dues to him for that offer.
- The influencer keeps his licence valid, and informs the Agency of its number, its expiry date and any suspension or cancellation of it as soon as he learns of it.
- Influencers from GCC countries who do not reside in the Kingdom have their ads published through the Agency under its licence as an advertising office, and they comply with any regulatory requirement the Agency informs them of before execution.
- The influencer alone bears the liability and fines arising from providing incorrect information about his licence, or from its expiry or suspension without informing the Agency, and compensates the Agency for any damage it suffers as a result.
10. Violation of the content policy
- It is a violation for the ad, or any content the influencer publishes for a brand through the Agency, to include: music, women appearing, promotion of a field the Agency does not work in (gaming, fitness, make-up and drawing), or anything that violates the regulations or the ad contract.
- If the Agency discovers a violation, before or after publishing, it informs the influencer, who must amend or delete the content within three (3) days of being informed.
- If he does not amend or delete it within this period, the Agency may: (a) cancel the ad, in which case the influencer is not entitled to his share of it and returns whatever he received of it within seven (7) days; (b) remove his profile from the Network and terminate the agreement immediately, and he pays the Agency ten thousand (10,000) Saudi riyals as a penalty clause, subject to what the regulations and the competent judicial authority decide; this amount is not due if he amends or deletes the content within the period; (c) claim compensation for the damage suffered by the Agency or the brand beyond that.
11. Accuracy of information
Each party affirms the accuracy of the material information it provides, and it is prohibited to use forged or misleading information, statistics or documents, including follower counts, views or engagement, to obtain an undue benefit.
12. Intellectual property
The rights to the influencer’s name, image, accounts and identity remain his property, the rights to use the content of each ad are set in the ad contract, and the content is not reused commercially outside the agreed scope except with the approval of the rights holder.
13. Confidentiality
Both parties keep confidential the commercial and financial information, prices, offers, contracts, client lists and negotiations that are not available to the public, and do not disclose them except to the extent necessary for execution, with the owner’s approval, or for a regulatory requirement. This obligation continues for five (5) years after the agreement ends.
14. Accounts and data
The Agency may not access the influencer’s accounts or ask for passwords except with explicit and specific approval, and either party is prohibited from taking over, disabling or changing the details of an account. The Agency processes the influencer’s personal data only to carry out this agreement, in accordance with the Personal Data Protection Law and the Privacy Policy.
15. Liability and the penalty clause for circumvention
- Each party bears the direct damage suffered by the other party as a result of its breach, fraud or provision of incorrect material information, and the end of the agreement does not release it from the rights that became due before it or during the protection period.
- If it is established that either party deliberately circumvented, deceived, concealed a deal or its value, or used a third party to deprive the other of its due, it must pay the original amount due plus a penalty of ten thousand (10,000) Saudi riyals for each separate incident, subject to what the regulations and the competent judicial authority decide. The penalty clause does not replace the original amount due.
16. Term and termination of the agreement
- The agreement takes effect from the date the influencer accepts this policy, and continues for as long as his profile remains in the Network.
- Either party may terminate the agreement by written notice thirty (30) days in advance, including the influencer’s request to delete his profile, without prejudice to prior rights and to existing ads whose contract was documented before the notice.
- Immediate termination is permitted in the event of a serious violation, such as fraud, forgery, seizure of funds or accounts, deliberate circumvention, or serious disclosure of confidential information. When the agreement ends, or in the cases set out in clauses (9) and (10), the Agency may remove the influencer’s profile from the Network.
- The end of the agreement does not affect the rights and commissions due, nor the provisions on confidentiality, non-circumvention and client protection.
17. Acknowledgements of the influencer
By accepting this policy, the influencer acknowledges that he has read and understood it together with the Payment Policy, that he agreed of his own free will, that his information is correct, that he has the necessary legal capacity, and that he is aware that the Network is limited to male influencers in line with the Agency’s policy compliant with Islamic Sharia.
Part Two
Work Policy with brands
1. Definitions
- The Brand: the establishment, company or brand that sends an ad request through the Agency, and whoever represents it.
- The Influencer: any influencer or content creator whom the Agency presents or recommends to the brand, or whom the brand requests from the network influencers page.
- The Request: the ad request that the brand sends from the Agency’s website, specifying the ad type (one influencer or a multi-influencer campaign) and how the influencers are chosen (chosen by the brand itself or recommended by the Agency).
- The Ad Order: a contract drawn up for each influencer, specifying the influencer, the platforms, the deliverables, the dates, the influencer’s price, the payment method and the rights to use the content. A multi-influencer campaign consists of one ad order per influencer.
- The Influencer’s Price: the agreed consideration for the influencer’s work in the ad.
- The Agency Fee: a fixed amount of one thousand five hundred (1,500) Saudi riyals for each contracted influencer.
- The Protected Party: any influencer, content creator, agency, intermediary, service provider or business opportunity that the Agency introduced or presented to the brand, or contributed substantially to creating the relationship with, including the influencers the brand requests from the network influencers page.
2. Subject of the agreement
- The Agency presents or recommends suitable influencers to the brand, presents its request to them, negotiates, coordinates and manages the ads within the limits of each ad order, collects the value of the ads, and transfers the influencers’ dues.
- The brand provides the Agency with the ad requirements, budget, dates and information about the product or service, and pays the amounts in accordance with the Payment Policy and the ad orders.
- Neither party makes a commitment in the other’s name without explicit authorization, and the Agency does not guarantee that any influencer will accept the ad until his acceptance is given.
3. The request and approval of ads
- The brand sends its request from the Agency’s website; the request is free and does not oblige it to pay any amount.
- The Agency verifies that the brand is real and that the budget is suitable, and studies the request; it may decline any request that does not comply with its policy or with the regulations.
- The Agency presents the request to the influencer; if he accepts, it informs the brand and negotiates the price and details with him on its behalf, and if he declines, it suggests another one to the brand.
- After the price is agreed and the first payment is made, an ad order is drawn up for each influencer and signed by the Agency, the brand and the influencer before the influencer begins creating the content, and the Agency manages it in accordance with this policy.
- Electronic approvals and correspondence, including those made through “My Account”, are effective whenever they are issued by someone with authority and can be attributed to them.
4. Financial consideration and payment
The influencer’s price, the agency fee, the two payments, the payment deadlines, expenses, tax, cancellation and postponement are all set out in the “Brands” section of the Payment Policy, which is part of this policy. The Agency’s commission from the influencer is a matter between it and him, and the brand bears nothing other than the influencer’s price, the agency fee and the expenses approved in the ad order.
5. Protected parties and non-circumvention
- When protection applies: a party is protected whenever the Agency has introduced it, passed on its details, arranged contact with it, sent its offer or negotiated concerning it, or the brand has requested it from the network influencers page; it is not required that the first ad actually be concluded.
- Prohibition of direct dealing: the brand is prohibited from negotiating, contracting or carrying out an ad with a protected party in a way intended to bypass the Agency or drop its fee, whether directly or through an employee, manager, affiliated company, agency, intermediary or any person acting in its interest.
- Changing the description: the Agency’s right is not forfeited by changing the name of the deal or describing the consideration as a gift, sponsorship, collaboration, partnership or products, as long as it in reality arises from the relationship introduced by the Agency.
- Duty to report: if a protected party contacts the brand directly, the brand informs the Agency within forty-eight (48) hours; mere contact is not a violation unless it is combined with concealment or dealing intended to bypass the Agency’s rights.
- Subsequent dealings and the protection period: the Agency is entitled to its fee for subsequent and repeated ads with the protected party arising from the relationship it introduced, protection continues for twenty-four (24) months from the end of the agreement, and the Agency retains its rights over any negotiation started during this period, even if carried out after it.
- Previous relationships: the protection does not apply to a party with which the brand proves an actual and direct business relationship before the Agency introduced it, provided that the brand discloses it within three (3) business days of learning that the Agency has introduced that party. General acquaintance or following is not enough.
- Proof: the introduction, the negotiation and the value of the deal may be proven by all legally recognized means of proof, including offers, invoices, correspondence and the Network’s records.
- Effect of circumvention: if it is established that the brand deliberately circumvented, concealed a deal or its value, or used others to deprive the Agency of its right, it must pay the original fees and dues in full, and the Agency may claim compensation and costs in accordance with the regulations.
6. Obligations of the Agency
- To exercise the usual professional care in choosing suitable influencers and coordinating with them, and to present the available information correctly.
- To negotiate with the influencer on behalf of the brand, and to inform it of the material information relating to the ad.
- To coordinate the concept and dates of the ad, follow the filming, and review the content and make sure it is free of music before presenting it to the brand.
- To confirm, before the ad order is signed, the Mawthooq licence of an influencer who is Saudi or resides in the Kingdom, and to publish the ads of non-resident GCC influencers under the Agency’s licence as an advertising office.
- To follow up on publishing, and to send a report on the results of the ad available from the platforms after it is published.
- Not to make commitments in the brand’s name without authorization, and to keep its information confidential.
7. Obligations of the brand
- To provide clear instructions and correct information about the product or service and the required message.
- To review the final video and respond within three (3) business days of receiving it; the publishing date is extended by any delay on its part.
- To pay the two payments and the agency fee on time, in accordance with the Payment Policy.
- Not to assign the influencer additional work outside the ad order except through the Agency and after agreeing on its financial and time impact. Revisions beyond the specified number of rounds, or changing the concept after approval, are considered additional work.
- To respect the provisions on protected parties and non-circumvention.
8. Content policy
The Agency adheres to a policy compliant with Islamic Sharia: ads without music, male influencers only, and no ads in the fields of gaming, fitness, make-up and drawing; the brand acknowledges that it is aware of this. The ad is shown with its advertising nature in accordance with the regulations and the rules of the General Authority for Media Regulation.
9. Product liability and claims
- The brand affirms the lawfulness of its products and services and that it holds the necessary licences, and it is responsible for the accuracy of the claims, specifications, prices and offers it provides for the ad.
- The brand compensates the Agency and the influencer for direct damage and claims arising from a defect in the product, its non-compliance with the regulations, or incorrect information it provided, unless the damage is due to an independent fault of theirs.
- The Agency may reject or stop any material that reasonably appears to it to violate the law, the rights of others or its policy, and informs the brand.
10. Results of the ad
The Agency does not guarantee a specific number of views, sales or engagement unless an explicit guarantee is stated in the ad order, and it is not liable for the influencer’s breach except to the extent of its own direct fault in coordination; it cooperates in remedying the breach or replacing the influencer within the limits of the agreement with him.
11. Intellectual property and usage rights
Ownership of the trademark and of the materials provided by the brand remains with the brand, and the influencer’s original rights remain with him. The ad order specifies the duration, scope and channels of use of the content, and the brand may not reuse it, modify it, run it as a paid ad or grant it to others beyond that, except with the approval of the rights holder and payment of the additional consideration through the Agency. The brand guarantees that it holds the right to use the materials it provides to the Agency.
12. Confidentiality and data
Both parties keep the offers, prices, fees, lists of influencers and clients, and negotiations confidential for five (5) years after the agreement ends. Neither party accesses the other’s accounts except with a specific authorization, and personal data is processed only to carry out the ad, in accordance with the Privacy Policy. The Agency does not provide the brand with the influencer’s mobile number or email except for the purpose of carrying out the ad.
13. Term and termination of the agreement
- The agreement takes effect from the date the brand accepts this policy, and continues as long as it has an existing request or ad through the Agency.
- Either party may terminate the agreement by written notice thirty (30) days in advance, and immediate rescission is permitted in the event of a serious breach, after notice and a remedy period of five (5) business days whenever the breach can be remedied.
- Termination does not affect prior rights, existing ad orders, or the provisions on protection, confidentiality and settlement of dues.
14. Acknowledgements of the brand
By accepting this policy, the brand acknowledges that whoever accepted it on its behalf has the authority to represent it, that it has read this policy together with the Payment Policy, and that its information is correct.
For both parts
General provisions
- Force majeure: neither party is in breach if performance becomes impossible due to a circumstance beyond its control that could not be foreseen or prevented, provided that it informs the other party immediately and limits its effects; the ad is rescheduled or the amounts are settled according to the part performed.
- Independent relationship: the relationship between the Agency and each party is an independent contractual one, and it creates no partnership, employment relationship or general agency.
- Notices: the mobile number and email registered in the request or profile, “My Account”, and the Agency’s contact details published on the website are approved means of communication, and electronic correspondence is accepted as evidence.
- Amendment of the policy: upon any material amendment, the Agency publishes a new, dated version and asks for its acceptance in “My Account” or with the next request; existing ads are governed by the policy in force at the time they were agreed.
- In case of conflict: the ad contract or ad order prevails with respect to the ad itself, followed by this policy and the Payment Policy. The invalidity of any provision does not affect the remaining provisions.
- Governing law and disputes: this policy is governed by the laws of the Kingdom of Saudi Arabia; the parties seek to settle any dispute amicably within fifteen (15) days of written notice of it, failing which it is referred to the competent judicial authority in the Kingdom.
Questions
Email us at info@manjamaltathir.com
or customer service at support@manjamaltathir.com
or call 050 819 5000
For the steps in a simplified form, read How It Works.