Brandpoint Content Services Terms

Last Updated: September 30, 2026

These Content Services Terms are in addition to, and supplement, the Master Services Agreement terms located at www.brandpoint.com/master-services-agreement (the “MSA”) and apply to Client’s access to, and use of, the Content Services. Capitalized terms not otherwise defined herein have their meanings in the MSA.

1. SERVICES. Brandpoint is hereby authorized and agrees to distribute and/or publish specified Content by the methods and channels specified in any applicable Order. Brandpoint will prepare Content and publish or transmit to Client according to the Client’s requirements as outlined herein. For the purposes of the Agreement, “Content” includes but is not limited to English and Spanish language text, articles, blogs, listicles, white papers, e-books, presentations, photographs, artwork, infographics, videos and other forms of Content. Creation of original content with minor revisions or editing provided. Major revisions or rewrites are priced separately in an Order.

2. TERM. The term for publication of the Content of each Order issued under the Agreement is as indicated on the Order, although Client understands and agrees that if and to the extent Content is re-published or distributed by third parties, such third parties may continue to re-publish, distribute or display Content beyond the term of this Agreement.

3. COPYRIGHTS AND OWNERSHIP OF CONTENT. Except for items provided by third parties such as photos and images, the Client owns or has rights to the copyright for all respective Content provided by Brandpoint and to be distributed as “works-made-for-hire.” The Client grants Brandpoint a sub-licensable, worldwide, royalty-free, irrevocable, perpetual, fully assignable right to distribute the Content solely for the purposes of this Agreement. Client understands and agrees that all Content posted on the site is provided to third parties (“Publishers”), and by our Agreement, such third parties have the right to copy and distribute the Content. Once Client has reviewed and provided written approval of the Content, the sublicense granted by Brandpoint to third parties shall be a sub-licensable, worldwide, royalty-free, irrevocable, perpetual, fully assignable right to copy and distribute the Content, including the right to further modify, prepare derivative works of, display, reproduce, and perform the Content in connection with Brandpoint’s editorial services. If Client supplies a photo or video, owned by Client, then copyright rights in such item remains solely with Client, and Client grants Brandpoint a sub-licensable, worldwide, royalty-free, irrevocable, fully assignable right to display, distribute, copy, modify, and use such item solely for the purposes of this Agreement. If the Content includes any third-party items provided through Brandpoint (e.g. stock photography, videos, infographics), copyright in such items remains with the applicable third party, and Client may use such items only as permitted by Brandpoint and the applicable third party. Client is solely responsible for obtaining, and represents and warrants that it has obtained, all rights necessary to the Client items and any third-party items provided by Client, as necessary for Brandpoint to distribute such items and grant the sublicense rights described in this Agreement. Client, subject to its prior written approval of the Content, grants Brandpoint a nonexclusive, worldwide license to use Client’s name, logo, and other trademarks, solely for purposes of carrying out the terms of this Agreement including distributing and publishing the marks on Brandpoint’s website (Brandpointcontent.com), any additional Brandpoint owned media web site and Brandpoint’s content feed network. Client agrees that, subject to Client’s prior written approval, Brandpoint may integrate elements of Client’s content into Brandpoint’s Content.

4. REPRESENTATIONS AND WARRANTIES; INDEMNITY. Client agrees, represents and warrants that Client has authority to execute this Agreement as agent for party on whose behalf the Content is being distributed (including as identified on the applicable Order), and that all terms in this Agreement applicable to Client bind both Client itself, and such advertiser party. Client agrees, represents, and warrants that for any elements of Content supplied by Client or its agents or Content supplied by Brandpoint and then approved by Client, that Client is solely responsible to review Content and ensure that all such Content is accurate, not false or misleading, and complies with all applicable laws and regulations including advertising laws and regulations, and that no portion of any Content supplied to Brandpoint by Client defames, infringes, or violates any right of, any third party; Brandpoint agrees, represents, and warrants that for any elements of Content prepared or supplied solely by Brandpoint or its agents, Brandpoint shall be responsible to review such Content and ensure that all such Content complies with all applicable laws and regulations including advertising laws and regulations, and that no portion of any such Content supplied by Brandpoint or its agents defames, infringes, or violates any right of, any third party. Client agrees to indemnify, defend, and hold harmless Brandpoint (including in all cases such entity’s owners, officers, employees, and agents) from and against any and all claims, liability, loss, and expense of any kind (including damage awards, settlement amounts, and reasonable legal fees), arising out of, or related to the Content approved by Client, including claims arising out of the permitted use of the Content by third parties (unless such claim is caused directly by Brandpoint’s breach of its obligations under this Agreement). Brandpoint agrees, represents and warrants that for any elements of Content to be developed or supplied by Brandpoint, that such Content is original with Brandpoint and/or its agents and that Brandpoint has the full rights to provide the Client with the Content. Brandpoint agrees to indemnify, defend, and hold harmless Client (including in all cases such entity’s owners, officers, employees, and agents) from and against any and all claims, liability, loss, and expense of any kind (including damage awards, settlement amounts, and reasonable legal fees), arising out of, or related to Brandpoint’s breach of the foregoing representation and warranty.

5. RELEASES AND DISCLAIMERS. With respect to Content that is created at Client’s instructions and is reviewed and approved in writing by Client, Brandpoint makes no representation or warranty (express or implied) regarding such Content, including but not limited to the Content’s accuracy, completeness, effectiveness, or fitness for a particular purpose. Brandpoint is not liable for any act or omission of any third parties, including network, platform or publisher that may make use of the Content. Brandpoint may discontinue or revise its network of third-party publishers at any time and in its sole discretion.