Terms and Conditions

Payment Terms

No payment is required during the trial or “free render” phase of collaboration. Both Content Entities and Exclusivity Agreement purchases are made on Motif Motion’s website through a 3rd party application - Stripe.com. Stripe is among the most secure of payment systems in the world.

In cases in which client payments do not clear, Motif Motion reserves the right to cancel an order completely. Unless otherwise specified, full payment is required before you (client) receive a Content Entity or Exclusivity Agreement.

Delivery Terms

Delivery timelines are communicated on a per-project basis. Motif Motion aims for fast turnaround, but delivery timelines are estimations made in good faith and are not guarantees.

Exclusivity Agreement

In some cases, Motif Motion may offer you the ability to purchase the exclusive rights of a Content Entity within your Local Market, and within your Industry. This is referred to as an Exclusivity Agreement.

In all Exclusivity Agreements, available Local Markets are selected by you and approved by Motif Motion. When you purchase a Content Entity and a corresponding Exclusivity Agreement, you agree that the Content Entity you've purchased is your property within your Local Market only, and you understand that businesses outside of your Local Market may have purchased, or may in the future purchase and customize the same Content Entity.

Motif Motion reserves the right to define all boundary distinctions between the Industries it works with.

In purchasing an Exclusivity Agreement, you agree to only use your Content Entity for business marketing purposes within the geographic boundaries of your Local Market.

If one or more competing business within your Local Market and Industry has already purchased a Content Entity you wish to obtain (but hasn’t purchased an Exclusivity Agreement for it) you may still purchase both the Content Entity itself and an Exclusivity Agreement tied to your Local Market. However, in this case, your Exclusivity Agreement protection will not apply to Content Entity purchases made by others before your Exclusivity Agreement purchase.

Purchasing and Exclusivity Agreement tied to any particular Content Entity in your Local Market does not limit Motif Motion’s ability to sell separate/unrelated Content Entities within your Local Market.

Motif Motion treats exclusivity agreements with businesses maintaining multiple locations on a case by case basis. You must disclose all business locations before any and all purchases. Failure to do so may result in termination of agreement due to breach of contract.

Any use of your Content Entity or Exclusivity Agreement for a new business location is subject to the approval of Motif Motion. All Exclusivity Agreements apply only to the Local Market you selected at the time of your original purchase. In many but not all cases agreements are transferable to new exclusivity zones.

Intellectual Property

As between you and Motif Motion, you acknowledge that Motif Motion retains all rights, titles, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. Motif Motion, its logo, as well as certain other Motif Motion trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of Motif Motion. The Services may also contain third-party trademarks, service marks, graphics and logos. The Services are owned and/or licensed by Motif Motion and are protected by the laws of the United States and other countries in which the Services are made available. you agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, Motif Motion does not grant any express or implied right to you under any Motif Motion-owned or licensed copyrights, trademarks, trade secrets, patents or other proprietary rights.

Right to Cancel

You have the right to cancel or discontinue communication with Motif Motion at any point in the trial or “free render” phase. Once a payment is complete and a Content Entity has been delivered, all content is non-refundable, bearing exceptional circumstances as defined by Motif Motion.

Should you open a new business location, or change business locations and still wish to use your Content Entity or exclusivity purchase, you are required to confer with Motif Motion first. In rare cases it is possible that exclusive rights to your Content Entity are already owned by a competing business. In others, it is possible that new fees may apply.

In the event a client has ignored or intentionally failed to comply with the statements within this agreement, Motif Motion reserves the right, with notice, to insist upon the removal of a Content Entity from a client’s online presence (Website, Facebook, Instagram, GoogleAdWords, Youtube, etc).

Notice of Governing Law

In collaborating with Motif Motion, you agree that the Federal Arbitration Act, applicable federal law, and the Law of The Commonwealth of Pennsylvania without regard to conflict of laws principles, will govern these Terms and Agreements and any dispute of any sort that might arise between you and Motif Motion.

Definitions

Content Entity - A distinct, but customizable piece of content created by Motif Motion.

Local Market - An agreed upon circumference - measured in miles - surrounding your business location.

Industry - A classification that refers to groups of companies which are related based on their primary business activities.