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DESIRE Industries – Marketing Services Agreement

Effective as of: (date of subscription purchase)

Welcome to DESIRE Industries! By engaging our marketing services, you (“Client”) agree to the following Terms & Conditions. These terms ensure clarity in our working relationship and protect both parties’ rights.

1. Ownership & Licensing of Content

1.1 Ownership

All content created by DESIRE Industries, including but not limited to videos, advertisements, social media creatives, branding materials, and marketing campaigns, remains the sole property of DESIRE Industries, unless otherwise stated in a written buyout agreement.

1.2 License for Active Clients

Clients are granted a limited, non-exclusive, non-transferable license to use DESIRE Industries’ content only while subscribed to our services. This license is revoked upon termination unless a buyout agreement is in place.

1.3 Weekly Content Usage

Any week-to-week content posted on the Client’s social media, including images, captions, and general marketing creatives, belongs fully to the Client and can continue being used indefinitely.

However, the main video advertisement or high-production creative that DESIRE Industries produces remains copyright to us, as Clients are not directly charged for its production. If the Client wishes to own full rights to this content, a buyout option is available.

1.4 Buyout Option

Clients may purchase full rights to their main video advertisement or high-production creative upon termination for a one-time buyout fee. The fee will be determined based on the complexity and scope of the work. Clients must request a buyout in writing before service termination.

2. Use of Content After Termination

2.1 License Revocation

Upon service termination, the Client must cease all use of DESIRE Industries’ main video advertisement or high-production creative, unless a buyout agreement is in place. However, weekly content remains fully accessible to the Client.

Content that must be removed includes, but is not limited to:

  • The main video advertisement or high-production creative produced by DESIRE Industries.

  • Any digital or physical marketing assets explicitly stated as DESIRE Industries’ intellectual property.

  • Content embedded within websites, emails, or online campaigns that utilize copyrighted material.

2.2 Unauthorized Use

If the Client continues using DESIRE Industries’ main video advertisement without a buyout agreement, DESIRE Industries reserves the right to:

  • Issue a cease-and-desist notice for immediate removal.

  • File a copyright claim with digital platforms (Facebook, Instagram, YouTube, etc.) to remove the content.

  • Pursue legal action for copyright infringement, seeking damages.

3. Payment & Subscription Terms

3.1 Subscription Model

DESIRE Industries operates on a retainer-based model. Clients are billed on a [weekly/monthly] basis for continued access to marketing services. Payments are processed automatically via Stripe unless otherwise agreed upon in writing.

3.2 Non-Payment & Suspension

If payment is not received within 6 days of the due date, DESIRE Industries reserves the right to:

  • Pause or terminate services, including the removal of ongoing campaigns.

  • Charge a late payment fee (if applicable).

4. Advertising Account Management

4.1 Ad Account Control

  • If ads are run through DESIRE Industries’ Business Manager, the Client does not retain access after termination.

  • If ads are run through the Client’s own ad account, DESIRE Industries will revoke access upon termination.

4.2 Custom Audiences & Tracking

Upon service termination, DESIRE Industries will:

  • Remove all pixel data, lookalike audiences, and custom audience lists.

  • Ensure that the Client cannot benefit from prior campaign optimization.

5. Confidentiality & Non-Compete

5.1 Confidentiality

Both parties agree to keep proprietary information confidential, including marketing strategies, trade secrets, and campaign performance data.

5.2 Non-Compete

Clients agree not to replicate, resell, or share DESIRE Industries’ strategies, ad creatives, or marketing blueprints with third parties for at least 12 months after termination.

6. Dispute Resolution & Enforcement

6.1 Dispute Resolution

In the event of a dispute, both parties agree to engage in good faith negotiations before pursuing legal action. If unresolved, disputes will be handled under the laws of Queensland and New South Wales, Australia.

6.2 Legal Enforcement

DESIRE Industries retains the right to pursue legal action for breach of contract, including recovering damages and legal fees.

7. Agreement Acceptance

By completing payment via Stripe, the Client acknowledges and agrees to these Terms & Conditions. No additional signatures are required.

This agreement ensures DESIRE Industries maintains control over its creative assets while offering a structured buyout option for Clients who wish to retain ownership of their marketing materials.

If you have any questions, please contact Admin@desireindustries.com.au

Ownership & Intellectual Property of Websites

Website Creation and Intellectual Property

All websites created by DESIRE Industries, including but not limited to the design, code, graphics, text, and all software compilations, underlying source code, and all other material on the websites, remain the exclusive property of DESIRE Industries unless a specific buyout agreement is made. Clients are granted a license to use the website and its content in accordance with these terms and until service termination, without ownership rights.

Website Buyout Option

Clients may choose to purchase the intellectual property rights of their website from DESIRE Industries for a one-time buyout fee. This fee is calculated based on the complexity, scope of work, and bespoke elements included in the website. To initiate a buyout, clients must provide a written request before the termination of services.

Use of Website Post-Termination

Upon the termination of services, unless a buyout agreement is explicitly in place:

  • The Client must cease using all elements of the website and related materials that are proprietary to DESIRE Industries.

  • The license to use the website and its content is revoked, and all digital or physical copies of materials must be removed or returned to DESIRE Industries.

  • DESIRE Industries reserves the right to deactivate or take ownership of the website hosted on our servers or third-party services.

Unauthorised Use of Website IP

Any unauthorised use of the website or its content after service termination without a proper buyout agreement will prompt DESIRE Industries to:

  • Issue a cease-and-desist notice.

  • Take appropriate legal action to ensure the removal of the infringing content and seek damages for copyright infringement.