These Terms of Service (the “Terms”) govern your access to and use of the website operated by Amplify Track FZCO (“Amplify Track”, “we”, “us” or “our”) at amplifytrack.com (the “Site”), and the campaign services we provide to clients (the “Services”). By using the Site or engaging us for Services, you agree to these Terms.
1. Parties
These Terms are entered into between Amplify Track FZCO, a Free Zone Company licensed by IFZA at Dubai Silicon Oasis, United Arab Emirates, and you, the entity or individual using the Site or engaging the Services (the “Client”).
2. Description of Services
Amplify Track designs and operates creator-led marketing campaigns on TikTok and adjacent short-form platforms for the music industry. Our Services typically include:
- Creator sourcing and shortlisting based on the sound and angle agreed with the Client.
- Brief drafting in native short-form formats (lipsync, playback, POV, trend, reaction).
- Campaign coordination: outreach, rate negotiation, preview validation, posting schedule.
- Launch execution within an agreed campaign window.
- Reporting on posts, links, sound usage and performance indicators.
The exact scope, deliverables, timeline and budget for any specific engagement are defined in a separate statement of work, proposal or order confirmation (each, an “SOW”) signed or accepted in writing by both parties.
3. Engagement & SOW
Submitting a brief through the Site or messaging us via email or WhatsApp does not create a binding engagement. A binding engagement is formed only when an SOW is mutually agreed in writing or when payment of the corresponding invoice is received, whichever occurs first.
Each SOW is governed by these Terms. In the event of conflict between an SOW and these Terms, the SOW prevails for that engagement.
4. Client obligations
The Client agrees to:
- Provide accurate information about the artist, track, release date and target market.
- Hold all necessary rights, licenses and clearances over the music, recordings, master, lyrics, artwork and any other materials shared with us, and warrant that such materials do not infringe any third party rights.
- Comply with TikTok's Terms of Service, Community Guidelines and Branded Content Policy, and with the equivalent rules of any other relevant platform.
- Approve creator selections and previews within the timeframes set in the SOW so we can hold the campaign window.
- Pay the agreed fees on time as set out in the SOW.
5. Creators & third parties
We engage creators as independent third parties. Creators are not employees, partners or agents of Amplify Track. Each creator is responsible for the production and publication of their content within the brief and the platform's rules.
Posting and engagement performance is influenced by factors outside our control (platform algorithms, audience behaviour, news cycles, creator availability). We do not guarantee specific viewership, ranking or chart outcomes unless expressly agreed in writing in an SOW.
6. Intellectual property
Client materials. The Client retains all rights, title and interest in the music, master recordings, artwork and brand assets provided to us. The Client grants Amplify Track a limited, non-exclusive, royalty-free license to use those materials for the sole purpose of delivering the Services and producing campaign reports.
Creator content.Each creator retains ownership of the videos they post, subject to TikTok's terms and the agreement between the creator and Amplify Track. Where the Client requires broader usage rights (e.g. paid amplification, rights buy-out, repurposing), this must be specified in the SOW and may incur additional fees.
Amplify Track work product. Briefs, campaign plans, reports and methodology developed by Amplify Track remain our intellectual property. The Client receives a non-exclusive license to use the deliverables for its internal business purposes.
Case-study use. Unless otherwise agreed in writing, we may reference completed campaigns in non-confidential case studies and marketing materials, including the artist name and high-level metrics, without disclosing pricing or commercially sensitive information.
7. Confidentiality
Each party agrees to keep confidential any non-public information received from the other in connection with the Services (including unreleased music, release plans, creator lists and pricing). This obligation survives the end of the engagement for three (3) years.
8. Fees, invoicing, taxes
Fees are set in each SOW. Unless stated otherwise:
- Fees are quoted in USD or EUR and exclude any applicable VAT or withholding tax.
- A deposit is typically required to launch the engagement; the balance is due on completion or as scheduled in the SOW.
- Invoices are payable within fifteen (15) days of issue, unless otherwise agreed.
- Late payments may bear interest at the maximum rate permitted by UAE law and may suspend ongoing work until cleared.
9. Warranties
Amplify Track warrants that the Services will be performed with professional care and skill. Save for this warranty, the Services and the Site are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law:
- Neither party is liable to the other for any indirect, incidental, consequential, special or exemplary damages, lost profits, lost revenue, lost data or goodwill, even if advised of the possibility.
- Our aggregate liability under any engagement shall not exceed the total fees actually paid by the Client to Amplify Track during the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be limited, including liability for fraud or gross negligence.
11. Indemnification
The Client agrees to indemnify and hold Amplify Track harmless from any third-party claim arising from (a) materials provided by the Client, including allegations of infringement, defamation or unlicensed use of music; (b) the Client's breach of platform terms; or (c) the Client's breach of these Terms.
12. Term & termination
Each engagement runs for the term defined in the relevant SOW. Either party may terminate an engagement for material breach not cured within fifteen (15) days of written notice. Upon termination, the Client shall pay for all work performed up to the effective date of termination, including non-cancellable creator commitments.
13. Force majeure
Neither party shall be liable for any failure or delay caused by events beyond its reasonable control, including acts of government, strikes, internet or platform outages, cyber-attacks, public health events or natural disasters. The affected party shall notify the other promptly and use reasonable efforts to mitigate the impact.
14. General provisions
- Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment between the parties.
- Assignment.Neither party may assign its rights or obligations without the other's prior written consent, except to an affiliate or in connection with a merger or sale of substantially all of its assets.
- Notices. All notices shall be sent by email to the addresses set out in the relevant SOW or to alex@amplifytrack.com.
- Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
- Entire agreement. These Terms, together with the applicable SOW and any policies referenced herein, constitute the entire agreement between the parties on the subject matter.
15. Governing law & jurisdiction
These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, as applicable in the Emirate of Dubai. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates.
Questions about these Terms? Contact us at alex@amplifytrack.com.