Overview & Acceptance
These Terms of Service ("Terms") govern your access to and use of ENT Agency's services, website (entagency.co), and creator portal (portal.entagency.co), operated by ENT Agency ("ENT Agency," "we," "us," or "our").
By engaging our services — whether as a brand client, creator, or website visitor — you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use our services.
Services
ENT Agency provides influencer marketing services including, but not limited to:
- Creator sourcing and matching: Identifying and vetting creators aligned with a brand client's campaign objectives and target audience.
- Campaign management: Coordinating briefs, deliverable timelines, content approvals, and communication between brands and creators throughout a campaign lifecycle.
- Content delivery and review: Facilitating the submission, review, and approval of creator-produced content prior to publication.
- Performance reporting: Aggregating and analyzing engagement, reach, affiliate sales, and ROI data to deliver campaign performance insights.
- Creator portal: Providing creators with a unified dashboard to view affiliate earnings, commission data, and campaign history across connected platforms.
The specific scope of services is defined in the applicable engagement agreement, campaign brief, or onboarding documentation. These Terms apply to all such engagements.
Client Obligations
As a brand client engaging ENT Agency, you agree to:
- Provide accurate, complete, and timely campaign briefs, creative direction, and brand assets required to source and brief creators appropriately.
- Review and provide feedback on creator content submissions within the timeframes established in the campaign agreement. Failure to respond within agreed windows may be treated as approval.
- Ensure that all materials and information you provide comply with applicable laws and advertising regulations, and do not infringe any third-party rights.
- Comply with all applicable laws governing advertising, sponsored content disclosure (including FTC guidelines), and consumer protection.
- Pay all fees in accordance with the payment terms set out in the Fees section and the applicable campaign agreement.
- Not directly solicit, hire, or engage any creator introduced to you through ENT Agency during the term of a campaign and for 12 months thereafter, without ENT Agency's prior written consent.
Creator Obligations
As a creator working with ENT Agency, you agree to:
- Produce and deliver content that meets the requirements set out in the campaign brief, including format, messaging, and timeline specifications.
- Disclose sponsored content clearly and conspicuously in accordance with FTC guidelines and the requirements of each social media platform.
- Maintain the authenticity and accuracy of all content you produce. Do not make false or misleading claims about any product or brand you feature.
- Retain ownership of your accounts and not artificially inflate follower counts, engagement rates, or performance metrics.
- Notify ENT Agency promptly of any conflicts of interest, competing brand relationships, or circumstances that might affect your ability to deliver on a campaign.
- Keep confidential any non-public information about brand clients, campaign strategy, or compensation you receive through ENT Agency engagements.
- Grant ENT Agency and brand clients the rights specified in the applicable campaign agreement to use and report on content you produce for campaigns.
You represent that you have the legal right to enter into agreements with ENT Agency and that your content and platforms do not violate any third-party rights or applicable laws.
Fees & Payment
Brand client fees
Campaign fees, agency management fees, and any other charges are set out in the campaign agreement or statement of work. Invoices are due within the timeframe specified in the applicable agreement. Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law.
Creator payouts
Creator compensation is defined in the individual campaign agreement. ENT Agency facilitates payment to creators upon completion of deliverables and after client payment is received, unless otherwise agreed in writing. We reserve the right to withhold or adjust payment if a creator materially breaches their obligations.
Taxes
Each party is responsible for its own applicable taxes. Creators are independent contractors, not employees of ENT Agency. Nothing in these Terms creates an employment relationship. Creators are responsible for their own tax filings and obligations.
Disputes
Payment disputes must be raised in writing within 30 days of the invoice date. After that period, all charges are considered accepted.
Intellectual Property
Creator content
Creators retain ownership of content they produce unless otherwise agreed in the applicable campaign agreement. By participating in a campaign, creators grant ENT Agency and the applicable brand client a limited, non-exclusive, royalty-free license to use campaign content for purposes related to the campaign, including reporting, case studies, and promotional materials, for the duration specified in the campaign agreement.
Brand materials
Brand clients retain all rights to their trademarks, logos, product imagery, and other proprietary materials provided to ENT Agency. Brand clients grant ENT Agency a limited license to use such materials solely for executing campaigns and producing reports.
ENT Agency property
ENT Agency's website, creator portal, processes, methodologies, templates, and reporting frameworks are the intellectual property of ENT Agency. You may not reproduce, distribute, or create derivative works from our materials without prior written consent.
Confidentiality
"Confidential Information" means any non-public information disclosed by one party to the other in connection with our services, including campaign strategies, pricing, creator and brand identities, performance data, and business processes.
Each party agrees to:
- Hold the other's Confidential Information in strict confidence.
- Use Confidential Information only to fulfill obligations under these Terms or an applicable campaign agreement.
- Not disclose Confidential Information to third parties without prior written consent, except to employees or contractors bound by equivalent confidentiality obligations.
Confidentiality obligations do not apply to information that is publicly known through no breach of these Terms, was already known to the receiving party, or is required to be disclosed by law or court order.
Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
ENT Agency does not guarantee specific campaign outcomes, including reach, engagement, sales conversions, or return on investment. Performance data and projections are estimates based on available information and historical benchmarks; actual results will vary.
ENT Agency does not warrant the accuracy of data received from third-party platforms (LTK, ShopMy, Mavely, Amazon, Instagram, etc.). Platform data is subject to the accuracy and availability controls of those platforms.
We are not responsible for the actions, content, or representations of creators or brand clients participating in campaigns. Each party is independently responsible for compliance with applicable laws and platform policies.
Limitation of Liability
To the fullest extent permitted by law, ENT Agency's total liability to you for any claims arising from these Terms or our services will not exceed the greater of (a) the total fees paid by you to ENT Agency in the 3 months preceding the claim, or (b) $500 USD.
In no event will ENT Agency be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless ENT Agency and its personnel from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:
- Your breach of these Terms or any applicable campaign agreement.
- Your violation of any applicable law or regulation, including advertising disclosure requirements.
- Any content you produce, publish, or provide in connection with an ENT Agency campaign that infringes third-party rights or makes false or misleading claims.
- Your negligence or intentional misconduct.
Termination
Either party may terminate an engagement with ENT Agency upon written notice, subject to the termination provisions in the applicable campaign agreement. In the absence of a campaign agreement, either party may terminate with 14 days' written notice for any reason.
ENT Agency may terminate immediately if you materially breach these Terms, engage in fraudulent activity, or take actions that could harm ENT Agency's reputation or legal standing.
Upon termination, all outstanding fees become immediately due. The Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, and Indemnification sections survive termination.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law provisions. Any disputes that cannot be resolved informally will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the Commonwealth of Kentucky. Both parties waive any right to a jury trial.
Changes to Terms
We reserve the right to update these Terms at any time. When we make material changes, we will update the effective date and notify you via email or a prominent notice on our website at least 14 days before the changes take effect. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.
Contact Us
For questions about these Terms, to report a concern, or to send a formal legal notice:
ENT Agency
Email: marketingteam@entagency.co
Website: entagency.co
These Terms constitute the entire agreement between you and ENT Agency with respect to their subject matter. If any provision is found to be unenforceable, the remaining provisions continue in full force and effect.