Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply:

• "Brokoby", "we", "us", "our" — the business operating under the trading name Brokoby, providing YouTube sponsorship brokerage and influencer marketing services.
• "Brand", "Client" — any company, individual, or entity that engages Brokoby to source YouTube creator partnerships and sponsorship placements.
• "Creator", "YouTuber" — any YouTube content creator or channel owner who participates in Brokoby's creator network or enters into a sponsored content arrangement brokered by Brokoby.
• "Campaign" — a specific sponsorship arrangement between a Brand and a Creator, brokered and managed by Brokoby.
• "Deal", "Sponsorship Deal" — the confirmed, signed, or verbally agreed commercial arrangement between a Brand and a Creator for sponsored content delivery.
• "Platform" — YouTube and any associated platforms (including YouTube Shorts) on which sponsored content is published.
• "Services" — creator sourcing, audience and channel research, outreach, sponsorship negotiation, deal coordination, and other brokerage services provided by Brokoby.
• "Website" — brokoby.com and all associated subdomains.

2. Nature of Services

Brokoby operates as a sponsorship brokerage intermediary between Brands and Creators. Our role is to identify suitable Creators for Brands, facilitate introductions, negotiate sponsorship terms, and coordinate the commercial arrangement between the parties. Brokoby does not produce, publish, or directly control the content of sponsored videos.

Brokoby does not guarantee specific performance outcomes (views, clicks, conversions, or revenue) from any campaign. While we work diligently to match Brands with Creators whose audiences are commercially relevant, actual results depend on factors outside our control including platform algorithms, content quality, audience behaviour, and market conditions.

Brokoby is not a talent agency. We do not represent Creators exclusively and do not act as their legal agent. Similarly, we are not an advertising agency and do not provide media buying, programmatic advertising, or production services.

3. Commission Structure & Fees

3.1 Commission-Only Model

Brokoby earns a commission on each sponsorship deal it brokers. There are no ongoing retainer or subscription fees. Brokoby's commission is calculated as a percentage of the total agreed sponsorship fee for the Campaign.

3.2 Commission Rate

Brokoby's commission rate may vary depending on the specific Campaign and is agreed between the relevant parties before the Campaign begins. The agreed commission is calculated as a percentage of the total sponsorship fee, with the remaining amount allocated to the Creator unless otherwise agreed in writing.

3.3 Payment Terms

Unless otherwise agreed in writing for a particular Campaign, the total sponsorship fee is payable in two installments: fifty percent (50%) of the total sponsorship fee is payable before the sponsored content is published; and the remaining fifty percent (50%) is payable fourteen (14) days after the sponsored content goes live. The Brand may settle the sponsorship fee using either of the following payment arrangements: a. Payment through Brokoby. The Brand pays the sponsorship fee to Brokoby. Brokoby retains the commission agreed for the Campaign and remits the remaining amount to the Creator in accordance with the applicable payment schedule. b. Split payment. The Brand pays Brokoby the commission agreed for the Campaign and pays the remaining amount directly to the Creator. Brokoby may provide separate payment instructions or bank details for Brokoby and the Creator. The applicable sponsorship fee, commission rate, payment amounts, payment schedule, and payment instructions for each Campaign will be confirmed in writing before the Campaign begins. Where payment is made through Brokoby, Brokoby's obligation to remit the Creator's share is subject to Brokoby receiving the corresponding cleared funds from the Brand.

3.4 Cancellation

If a Brand cancels a confirmed Campaign after a Creator has begun work or has held dates exclusively, a kill fee may apply. The specific kill fee terms will be set out in the individual campaign agreement. Brokoby reserves the right to invoice for reasonable costs incurred prior to cancellation.

4. Brand Obligations

By engaging Brokoby's services, Brands agree to:

• Provide accurate, complete, and timely briefs, including campaign objectives, product information, target audience, budget range, and any mandatory messaging or legal disclaimers.
• Review and approve Creator matches within agreed timescales to avoid delays to campaign delivery.
• Ensure that the product or service being advertised complies with all applicable laws and advertising standards in target markets.
• Not contact Creators directly regarding commercial arrangements once Brokoby has introduced them, without Brokoby's written consent, for a period of 12 months from the date of introduction. Bypassing Brokoby to engage a Creator introduced by us constitutes a material breach of these Terms and the applicable commission will remain owed.
• Pay all invoices within the agreed payment terms.

5. Creator Obligations

Creators participating in Brokoby's network agree to:

• Provide accurate channel statistics, audience data, and media kit information when requested.
• Disclose all sponsored content clearly and prominently in accordance with applicable advertising standards (including but not limited to FTC guidelines in the United States, ASA guidelines in the United Kingdom, and equivalent regulations in other jurisdictions).
• Deliver sponsored content that materially conforms to the agreed brief, within the agreed timeline.
• Not engage directly with Brands introduced by Brokoby for commercial arrangements outside of Brokoby's facilitation for a period of 12 months from introduction, without Brokoby's written consent.
• Maintain the sponsored content live on their channel for a minimum period agreed at campaign outset (typically 30 days), unless expressly agreed otherwise in writing.
• Not make false, misleading, or defamatory statements about any Brand or its products in sponsored content.

6. Intellectual Property

Unless explicitly agreed otherwise in a campaign agreement, sponsored content created by Creators remains the intellectual property of the Creator. Brands are granted a licence to use, share, and repurpose sponsored content for their own marketing purposes (including paid promotion of the video) as specified in the campaign agreement.

Brokoby's branding, website content, and proprietary processes are owned by Brokoby. Nothing in these Terms grants any party a licence to use Brokoby's intellectual property without prior written consent.

7. Confidentiality

All parties agree to keep confidential any non-public information shared in the course of campaign discussions and delivery, including but not limited to deal terms, pricing, audience data, and product roadmaps. This obligation survives termination of the commercial relationship for a period of two (2) years.

8. Disclaimers & Limitation of Liability

8.1 No Guarantee of Results

Brokoby provides no warranty, express or implied, regarding the commercial performance of any Campaign. Views, clicks, conversions, and revenue outcomes are not guaranteed and may not be predicted with certainty.

8.2 Platform Dependence

Brokoby's services are dependent on the continued operation of third-party platforms, principally YouTube. Brokoby accepts no liability for any loss arising from platform policy changes, content removal, demonetisation, or account suspension affecting a Creator or a Campaign.

8.3 Cap on Liability

To the maximum extent permitted by law, Brokoby's total liability to any party arising out of or in connection with these Terms or any Campaign shall not exceed the total commission earned by Brokoby in connection with the specific Campaign giving rise to the claim.

8.4 Consequential Loss

Brokoby shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profits, loss of revenue, or reputational damage, even if advised of the possibility of such damages.

8.5 Third-Party Statistics

Any market statistics or data referenced on the Brokoby website (including campaign performance data attributed to third-party brands such as NordVPN, Squarespace, or HelloFresh) are sourced from publicly available industry reports and are cited for informational context only. Brokoby is not affiliated with, endorsed by, or representing those brands. Past results of third-party campaigns do not guarantee equivalent results for any Brokoby-brokered campaign.

9. Indemnification

Each party agrees to indemnify, defend, and hold harmless Brokoby (and its officers, employees, and contractors) from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Their breach of these Terms;
• Their breach of any applicable law or advertising standard;
• Any claim that their products, services, or content infringe any third-party intellectual property right;
• Any misleading or false statements made in sponsored content or brand briefs.

10. Termination

Either party may terminate their engagement with Brokoby at any time with written notice (email to info@brokoby.com is sufficient), subject to honouring obligations arising from any active or confirmed Campaign at the time of termination. Commission owed on confirmed Campaigns survives termination of the general relationship.

Brokoby reserves the right to immediately terminate a Creator's participation in the network if that Creator engages in conduct that Brokoby deems harmful to its reputation, its Brand clients, or other Creators in the network.

11. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless agreed otherwise in writing.

For clients outside the United Kingdom, Brokoby will make reasonable efforts to resolve disputes amicably before resorting to formal legal proceedings.

12. Amendments to These Terms

Brokoby reserves the right to amend these Terms at any time. Updated Terms will be published on this page with a revised "Last updated" date. Continued use of Brokoby's services after publication of updated Terms constitutes acceptance. We will notify active clients of any material changes via email.