Collaboration Agreement between OhMyNewst and the CHANNELS
Last updated: August 1, 2024.
This Collaboration Agreement (hereinafter, the "Agreement") is entered into on the date the form is submitted, between OhMyNewst OÜ (hereinafter referred to as the "INTERMEDIARY"), registered under number 17033570, and the Content Channel submitting the form and the individual representing it (hereinafter referred to as the "CHANNEL").
1. Purpose of the Agreement
The CHANNEL agrees to collaborate with the INTERMEDIARY for the inclusion of advertising in their email editions, and the INTERMEDIARY commits to serve and connect the CHANNEL with ADVERTISERS interested in such advertising space. This is in exchange for a commission granted by the CHANNEL to the INTERMEDIARY, agreed privately by both parties and whose figures do not affect the contents of this document.
2. Accuracy of Information
The CHANNEL declares that all information provided to the INTERMEDIARY, including subscriber count, open and click rates, and any other data, will be complete, truthful, and up to date, and that any screenshots provided will be authentic and not altered or manipulated.
The CHANNEL agrees to provide the INTERMEDIARY with any additional information reasonably requested to verify the accuracy of the previously submitted data.
2.1. Consequences of Fraud
In the event of fraud, deceptive practices, or data manipulation, OhMyNewst may suspend the CHANNEL's wallet, withhold pending payments, and cancel future campaigns, without prejudice to any legal actions deemed appropriate.
3. Obligations of the CHANNEL
The CHANNEL agrees to comply with all terms of the advertising agreement and to carry out the advertisement according to the specifications provided by the INTERMEDIARY and agreed upon with the ADVERTISERS.
In case of non-compliance, the CHANNEL accepts responsibility and consequences derived from it, including compensation or refunds.
3.1. Sponsored Content Delivery Deadlines
The CHANNEL agrees to publish the sponsored content on the agreed date upon accepting the campaign. If unable to do so for any reason, they must inform OhMyNewst at least 72 hours in advance. Unjustified failure may result in the cancellation of the sponsorship and the loss of the associated payment.
3.2. Sending Metrics After Sponsorship
The CHANNEL agrees to provide the ADVERTISER through the platform, within 7 to 12 calendar days after publication, the open and click rates and any other requested data. Delays in providing metrics may affect the availability of the corresponding balance in the CHANNEL's wallet and, in extreme cases, may result in its loss.
4. Payments and Financial Terms
4.1. Payment Methods
Payments to the CHANNEL will generally be made via bank transfer in Euros from an account managed through Wise (Wise Payments Limited). Alternatively, and upon request by the CHANNEL, payment may be made via bank card through a payment gateway such as Stripe, always in Euros.
4.2. Responsibility for Bank or Platform Fees
OhMyNewst will not be responsible for any fees, surcharges, or charges imposed by the receiving bank or the payment gateway used by the CHANNEL. These fees will be borne by the CHANNEL.
4.3. Limitations Imposed by the Banking Provider (Wise)
OhMyNewst uses Wise as the sole payment issuing entity. In exceptional cases, Wise may reject transfers without providing a specific reason, which is beyond our control. If this occurs, we will inform the affected CHANNEL and request an alternative payment method compatible with Wise. Until a valid Wise-compatible method is provided, the payment will remain on hold and this shall not be considered a breach by OhMyNewst.
4.4. Wallet Balance Availability
Revenue generated from sponsorships will be credited to the CHANNEL's internal wallet on the OhMyNewst platform, after deducting our commission. The balance will be available for withdrawal after submitting the sponsorship metrics, which can be done from 7 days after the publication. In some exceptional cases, the balance may be available earlier (e.g., after payment from the sponsor or once the scheduled publication date is reached). These exceptions do not alter the general rule.
4.5. Withholdings for Breach
If the CHANNEL fails to deliver metrics or breaches the agreement, we reserve the right to withhold payment until the issue is resolved or, if necessary, return the payment to the ADVERTISER if the agreement was not fulfilled.
4.6. Withdrawal Claim Deadline
The CHANNEL will have a maximum of 3 months (THREE MONTHS) from the date the balance becomes available in their wallet to request its withdrawal. After this period, OhMyNewst will not be obliged to execute such payment or retain the balance, except in duly justified exceptional cases approved by the support team.
4.7. Invoice Requirement to Claim a Withdrawal
For OhMyNewst to process a withdrawal requested by the CHANNEL, it is essential that a legal invoice is issued in the name of the company that owns OhMyNewst. This invoice must comply with applicable tax regulations, be correctly numbered, and reflect the gross amount to be received. Without this invoice, OhMyNewst will not be obliged to make any payment, even if the balance appears as available in the CHANNEL’s wallet.
7. Confidentiality
Both parties agree to keep confidential any information received in the course of this collaboration that is not public knowledge and is not expressly intended for the delivery of the agreed intermediary services.
8. Duration and Termination
This Agreement will remain in effect until either party notifies the other of their intent to terminate the collaboration.
9. Modifications to the Terms and Conditions
The INTERMEDIARY reserves the right to modify the terms and conditions at any time with appropriate notice to the CHANNEL.
10. Applicable Law and Jurisdiction
This Agreement shall be governed by the laws of Spain, and any disputes related to it shall be subject to the exclusive jurisdiction of the courts of Madrid.
11. Acceptance
By submitting the registration form, the CHANNEL declares they have read, understood, and accepted these Terms and Conditions.
Likewise, the continued use of the platform by the CHANNEL, including campaign management, participation in sponsorships, keeping their channel active on the platform, or accessing it, will constitute express acceptance of these Terms and Conditions, even if their reading was not explicitly confirmed in the registration form.