Cameo for Business
Additional Terms

Last Updated October 19, 2022

Cameo will provide the following services and benefits during the Term (the “C4B Services”): 

  • Waived Transaction Fee: Cameo’s 5% transaction fee for Business Cameo Videos will be waived 
  • Credit Amount Allocation: Allocate all or a portion of the Credit Amount to certain employees of Customer pursuant to Customer’s completed Allocation Instruction
  • Prioritized Requests: Customer Submissions for Cameo Videos (including Business Cameo Videos) to be prioritized in the Talent queue 
  • Increased Character Count: Customer Submissions for Business Cameo Videos to have a 500-character limit (rather than 300 characters) 
  • Compilations: Subject to Cameo’s review and approval (only for Customers with Managed Services), Customer may create a compilation of Customer Cameo Videos (including Business Cameo Videos) (each, a “Compilation”) for the Permitted Use during the Use Period.
    • “Permitted Use” means the use rights granted under the Cameo Terms that correspond to the most limited rights applicable to any individual Cameo Video in a Compilation.
    • “Use Period” means the period granted under the Cameo Terms or this Agreement that correspond to the individual Cameo Video in a Compilation that is soonest to expire.
      • Example 1: Compilation of five Cameo Videos, one of which is a Business Cameo Video used on four social media accounts for two 30-day periods. Permitted Use is four social media accounts and Use Period ends when the second 30-day period expires. 
      • Example 2: Compilation of five Business Cameo Videos, four used on four social media accounts for one 30-day period ending May 31 and one used on one social media account for three 30-day periods ending May 15. Permitted Use is one social media account and Use Period ends May 15.
  • Add-Ons for Customers during the C4B Service Term (included for no additional fee):
    • “Permitted Use” means the use rights granted under the Cameo Terms that correspond to the most limited rights applicable to any individual Cameo Video in a Compilation.
    • “Use Period” means the period granted under the Cameo Terms or this Agreement that correspond to the individual Cameo Video in a Compilation that is soonest to expire.
      • Applicable Products include Cameo Live for Business
      • For Customer’s with Managed Services set forth on its Sales Order, Cameo will designate at least one account representative to serve as Customer’s point-of-contact in connection with C4B Services. Through the designated account representative:
        • Assist in identifying and selecting Talent Users 
        • Assist with preparing and submitting requests to Talent Users as well as other Submissions
        • Assist with content and campaign direction
    Customer acknowledges and agrees that Customer remains responsible for each Submission and its content and that Cameo will not be responsible or liable by virtue of its provision of any C4B Service.
  • Add-Ons for Business Cameo Videos for an additional fee: 
    • Use a Business Cameo Video for additional 30-day periods 
    • At Customer’s request, Cameo will apply Customer watermark (supplied by Customer in a form specified by Cameo) on Customer Business Cameo Videos (subject to Cameo’s approval, only for Customer’s with Managed Services)
    • Creative services, including without limitation, adding a Customer logo, editing, adding subtitles or captions, nameplates identifying talent, intro and/or end cards, sound, addition of Customer materials or B-roll or graphics, and resizing for applicable platforms depending on licensing (“Cameo Studio Offerings”), including the following or as otherwise agreed in writing at the time of purchase:
      • Polish – Basic Cameo Studio Offerings, covering simple editing, adding Customer logo, talent nameplates and subtitles, with one (1) round of revisions, at US $1,000 per Business Cameo Video, and
      • Premium – Premium Cameo Studio Offerings, such as addition of Customer materials or B-roll as well as graphics and sound design, to produce either one (1) primary edit of up to 0:30 in duration and one (1), optional shorter edit, with up to one (1) round of revisions to each, at US $3,000 per Business Cameo Video
    • Talent User Content Clearance at US $1,750 per Business Cameo Video
  • Cameo for Business.

    These Cameo for Business Additional Terms (these “Additional Terms”) along with the Cameo Terms and Sales Order(s) (collectively, this “Agreement”) govern your rights and obligations related to Cameo for Business (“C4B”) services from Baron App, Inc., doing business as Cameo, and its affiliate entities (collectively, “we”, “us”, “our,” or “Cameo”). Capitalized terms that are defined in the Cameo Terms (as defined in the Sales Order) will have the same meaning in these Additional Terms. “You,” “your” and “User” as referenced in the Cameo Terms means the Customer for purposes of this Agreement.

    From time to time, we may change these Additional Terms. If we do, we will give you notice by posting them on our Site and updating the “Last Updated” date. The revised Additional Terms will be effective immediately. By using or continuing to use this product or service, you represent and warrant that you have read, understand, and agree to these Additional Terms.

  • Definitions.
    • Applicable Products” means Cameo Videos (excluding Political Cameo Videos and other Political Cameo Products), Business (formerly, Promo) Cameo Videos, and any other Cameo Offerings identified by Cameo in writing.
    • Customer” means the legal entity listed in a Sales Order as “Customer.”
    • Sales Order” means the applicable Cameo sales order form for obtaining C4B Services, which has been executed by Cameo and Customer. 
    • Each of the following terms has the meaning set forth in a Sales Order: 
      • “C4B Fee”; 
      • “C4B Service Term”;
      • “Credit Amount”
      • “Effective Date”
      • “Enterprise Amount”;
      • and “Enterprise Term.”
  • Representations and Warranties.
    • Customer hereby represents and warrants that: (i) it is a business entity, lawfully registered, in the United States, Canada or the United Kingdom entering into this Agreement and purchasing Applicable Products for its business and commercial (not for personal, family, or household, purposes); (ii) its execution, delivery, and performance of this Agreement will not violate any applicable law, regulation, or third party rights; and (iii) it shall at all times comply with all applicable laws, including (x) those relating to anti-bribery and anti-corruption, including the U.K. Bribery Act 2010 and the Foreign Corrupt Practices Act of 1977, if applicable, (y) those relating to anti-slavery and human trafficking, and, in each case, shall have in place procedures and policies to ensure such compliance; and (iv) neither Customer nor any designee authorized by Customer to access Customer’s Site account is designated as a Sanctioned Party. “Sanctioned Party” means any person, group or entity subject to trade control or financial sanctions restrictions under lists maintained by the United States, Canada, the United Kingdom, the European Union, the United Nations, or other countries, including, but not limited to, the EU consolidated list of persons, groups and entities subject to financial sanctions, the Office of Foreign Assets Control lists of Specially Designated Nationals and Blocked Persons, the HM Treasury consolidated list of financial sanctions targets in the United Kingdom and equivalent lists of restricted or prohibited parties maintained under applicable laws. Customer further acknowledges and agrees (1) to be bound by the Cameo Terms as a user of the Site; and (2) that Cameo exercises no control over, and has no responsibility for, the content of any Cameo Video or other Applicable Product, any Submission, or the performance of any Talent User.

    • Cameo hereby represents and warrants that: (i) it is a business entity, lawfully registered, in the United States; (ii) its execution, delivery, and performance of this Agreement will not violate any applicable law, regulation, or third party rights; and (iii) it shall at all times comply with all applicable laws, including (x) those relating to anti-bribery and anti-corruption, including the U.K. Bribery Act 2010 and the Foreign Corrupt Practices Act of 1977, if applicable, (y) those relating to anti-slavery and human trafficking, and, in each case, shall have in place procedures and policies to ensure such compliance; (iv) Cameo is not designated as a Sanctioned Party; and (iv) Cameo will perform its obligations hereunder in a good and workman like manner and in accordance with the specifications set forth in this Agreement (excluding any obligation for the performance of any Talent User). Further, pursuant to and as further set forth in the Talent Terms of Service, each Talent User represents and warrants that its Talent Content in the Applicable Products, excluding Customer’s Submission and any other materials provided by Customer or its representatives to the extent incorporated therein (“Talent User Content”), does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order. Additionally, solely if and to the extent Customer purchases Talent User Content Clearance for a Business Cameo Video, Cameo further represents and warrants that the Talent User Content in such Business Cameo Video does not, as related only to the laws, statutes and regulations of the United States, infringe, misappropriate, or otherwise use without necessary authorization, the copyright, trademark, or publicity rights of any third party.

  • C4B Services and Payment.
    • Customer will pay Cameo the non-refundable Enterprise Amount (consisting of the C4B Fee plus the Credit Amount), which will be due on receipt of an invoice. Subject to Customer’s payment, Cameo will:

      • provide the C4B Services during the C4B Service Term; and
      • on Cameo’s receipt of the Credit Amount from Customer, maintain the unused balance of the Credit Amount in Customer’s Site account or as allocated to certain employees of Customer (on Customer’s provision of a written allocation instruction in a form reasonably acceptable to Cameo) only for use for purchases of Applicable Products during the Enterprise Term.

      The Credit Amount and C4B Fee are not refundable and cannot be redeemed for cash, transferred, sold, distributed, or assigned. The Credit Amount remaining at the end of the Enterprise Term will convert to the C4B Fee earned by Cameo and will not be returned. Cameo encourages Customer to use the Credit Amount for Applicable Products during the Enterprise Term.

    • If Customer’s purchase of an Applicable Product obligates Cameo to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from Customer, Cameo will collect Sales Tax in addition to the fee for Customer’s purchase, and Customer hereby authorizes Cameo to, in its sole discretion, (i) deduct any such applicable Sales Tax from the Credit Amount in Customer’s Site account at the time of Customer’s purchase of an Applicable Product or (ii) invoice any such applicable Sales Tax to Customer, which Sales Tax will be due on receipt of the invoice.

    • If Customer’s purchase includes any Cameo Studio Offerings, Customer will remain fully responsible for any photos, video, text, audio, ideas, requests or other intellectual property or materials it provides to Cameo, all of which materials shall be Submissions pursuant to the Cameo Terms, as well as the combination of Cameo Studio Content with any Submission not provided by Cameo and any added captions or subtitles describing Customer’s Applicable Product(s), which Customer must review and confirm. With respect to any content created or provided by Cameo, specifically excluding any Scripting (as defined below) and any Talent User Content (collectively, “Cameo Studio Content”), as between Customer and Cameo, Cameo will be responsible for such Cameo Studio Content and shall retain ownership thereof excluding any elements of your Submissions that may be included therein. If and to the extent Cameo provides any Talent User briefs, creative concepts, scripting or edits or revisions to Customer’s potential Submissions (collectively, “Scripting”), the final work product of such Scripting, upon Customer’s payment in full of the Enterprise Amount, shall be deemed incorporated into Customer’s Submission and, as between Customer and Cameo, owned by Customer, and Cameo hereby assigns to Customer all right, title and interest in and to such Scripting, or to the extent Cameo retains any interest in such Scripting, hereby grants to Customer a perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with the right to sublicense through multiple levels of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display in any medium or format, whether now known or later developed, to such Scripting. Notwithstanding Cameo’s provision of any such Scripting, Customer acknowledges and agrees it is solely responsible for the substance of such Scripting, including but not limited to: (x) providing any disclaimers, notices, or other content that it may be required to include in the Scripting, Submission and/or any Cameo Studio Content due to legal, licensing or other requirements specific to its profession, business, location, federal or state laws or regulations, or any other requirements; (y) substantiating any claims set forth in the Submission; and (z) ensuring that such final Submission and Customer’s use of any Applicable Product complies with all applicable laws, rules, and regulations, including, without limitation, any required disclosure in connection with the use of an Applicable Product to identify it as a commercial endorsement, such as the U.S. Federal Trade Commission publication “Guides Concerning the Use of Endorsements and Testimonials in Advertising” and any similar requirements that may be applicable. Except as expressly set forth herein, the modified, adapted and/or derivative Applicable Product that includes Cameo Studio Content shall otherwise be subject to the applicable Cameo Terms as a Cameo Video, Business Cameo Video or other Applicable Product in all respects, including any terms of Customer’s license to use such Applicable Product. If your Cameo Studio Offering includes any rounds of revisions, we ask that you provide any feedback or revisions within the specified time frame. If you are unable to review within such time period, the Cameo Studio Content will be deemed approved and provided to you as final.

  • Term.

    Either party may terminate this Agreement: (i) if the other party breaches a material term and does not cure the breach within 30 days of notice detailing the nature of the breach, effective at the end of the 30-day period; (ii) when the balance of the Credit Amount is zero; or (iii) on notice if the other party is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, or it has a trustee or receiver appointed or has any petition by or on behalf of such party is filed under any bankruptcy or similar laws.

  • Publicity; References.

    Cameo may refer to Customer as one of Cameo’s customers and use Customer’s name and logo as part of such reference by any means, including on Cameo’s website, social media, and in emails and other marketing materials. Cameo may issue one or more press releases announcing its relationship with Customer with Customer’s prior written approval, such approval not to be unreasonably withheld, conditioned, or delayed. Customer also agrees to be a reference for Cameo; provided, that Cameo will provide Customer with reasonable notice and obtain Customer’s consent before scheduling any reference calls. 

  • Indemnification.
    • Cameo shall indemnify and hold Customer, its affiliates and each of their officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) (“Claims”) to the extent arising out of or in connection with any third party-claim alleging (i) Cameo’s breach of this Agreement (including the Cameo Terms) and/or a breach of its representations and warranties hereunder; or (ii) any gross negligence or willful misconduct by Cameo or its agents.
    • Customer shall indemnify and hold Cameo, its affiliates and each of their officers, directors, employees, and agents harmless from and against any and all Claims to the extent arising out of or in connection with any third party-claim alleging (i) Customer’s breach of this Agreement (including the Cameo Terms) and/or a breach of its representations and warranties hereunder; or (ii) any gross negligence, willful misconduct by Customer or its agents.
  • Limitation of Liability.
    • IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS (OTHER THAN FEES PAYABLE TO CAMEO UNDER THIS AGREEMENT), LOSS OF BUSINESS OPPORTUNITIES OR SAVINGS, OR ANY DAMAGES WHATSOEVER WHICH ARE NOT RECOGNIZED AS DIRECT CONTRACTUAL DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING UNDER AN INDEMNITY), TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.  THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
    • Cameo’s total cumulative aggregate liability to Customer under this Agreement whether such liability is asserted on the basis of contract (including under an indemnity), tort (including the possibility of negligence or strict liability) or otherwise (in addition to payment obligations themselves under this Agreement), will be limited to the fees paid to Cameo by Customer under this Agreement during the most recent twelve (12) months prior to the event giving rise to the loss, damage, or liability. This section will survive the termination or expiration of this Agreement. 
    • Notwithstanding any other clause in this Agreement, neither party excludes or limits its liability for any liability which cannot be excluded or limited by law.
  • Other.
    • This Agreement does not create any agency, association, partnership, joint venture, sales representation, or employment relationship of any kind. Neither party is an agent, representative, or partner of the other party. Neither party will have any right, power, or authority to commit or enter into any agreement for, or on behalf of, the other party. 
    • This Agreement incorporates by reference, and the parties are subject to, the Cameo Terms, including Section 16 (Disclaimers and Limitations on our Liability) and Section 17 Arbitration Agreement and Waiver of Certain Rights) of the Site Terms of Service. In the event of any conflict between the Cameo Terms and these Additional Terms these Additional Terms will control. This Agreement sets forth the entire agreement of the parties and supersedes all prior oral or written agreements or understandings between the parties as to the subject matter hereof. It may be changed only by a writing signed by both parties.
    • Except as expressly set forth herein, (i) any services performed by Cameo hereunder are provided on an “as is” and “as available” basis, and (i) to the maximum extent permitted by applicable law, Cameo disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
    • All notices and other communications hereunder will be in writing and will be deemed to have been duly given when sent by email to the email address listed on a Sales Order.
    • Neither party may assign, sublicense, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party; provided that Cameo may, without the consent of Customer, assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee will assume all rights and obligations under this Agreement.