Venue Marketing Partnership
These terms apply between Viral Trees and the venue, hotel, banquet hall, resort or property identified in the onboarding form (the "Venue"). The person submitting the form warrants that they are authorised to bind the Venue.
Viral Trees works alongside its sales partner, the Crossroads team ("Crossroads"), which handles enquiry calling, follow-up, site visits and closing. References to Viral Trees in these terms include Crossroads where the context requires it.
Viral Trees provides marketing and lead-generation services: strategy, positioning, Google Ads, Meta Ads, creative and content strategy, landing pages, funnels, tracking, remarketing and performance reporting. Crossroads provides the sales function: calling, follow-up, counselling, site-visit coordination, negotiation and closing.
Submitting the onboarding form starts an evaluation. It does not oblige Viral Trees to accept the Venue as a client, and it does not oblige the Venue to pay anything. Paid services begin only when both parties sign a separate Service Agreement setting out fees, term, scope, ad-spend arrangements and termination. Where the Service Agreement conflicts with these terms, the Service Agreement prevails.
Clauses 4, 5, 6, 7 and 8 take effect immediately on submission and survive whether or not a Service Agreement is later signed.
4.1 Licence granted to us. The Venue grants Viral Trees a non-exclusive, royalty-free, worldwide, sub-licensable licence to use the Venue's name, brand name, logo, trade marks, photographs, videos, floor plans, menus, testimonials, review content and other marketing material (together, the "Venue Material") for the purpose of marketing the Venue and demonstrating our work, including in: advertising on Google, Meta, YouTube and other platforms; landing pages and websites; organic social content; email and WhatsApp campaigns; proposals, pitch decks, case studies and our portfolio.
4.2 Editing. Viral Trees may crop, resize, re-colour, caption, overlay text on, edit, excerpt and combine Venue Material with other content for advertising purposes, provided this does not materially misrepresent the Venue.
4.3 Duration. This licence runs from submission of the form until 12 months after the engagement ends. On termination the Venue may require us to stop running paid advertising featuring Venue Material within 14 days of written notice; case studies, portfolio entries and proposals already produced may continue to be used for the remaining 12 months.
4.4 Ownership unchanged. The Venue keeps ownership of all Venue Material. Viral Trees keeps ownership of everything it creates — ad copy, creative concepts, campaign structures, audience configurations, landing page designs, funnel logic, scripts and reporting templates — except assets the Service Agreement expressly assigns to the Venue.
5.1 The Venue warrants that, for all Venue Material it provides or authorises us to use, it either owns the copyright or holds a valid licence permitting the uses described in clause 4 — including, where applicable, written releases from photographers, videographers, agencies, designers, models and any identifiable individuals appearing in the material.
5.2 The Venue acknowledges that under Indian copyright law a photographer or videographer may retain copyright in images of the property, and that couples may hold rights in wedding photographs. The Venue is responsible for clearing those rights before supplying the material.
5.3 Indemnity. The Venue indemnifies Viral Trees and Crossroads against all claims, demands, damages, penalties, platform takedowns, legal costs and losses arising from any third-party allegation that Venue Material infringes copyright, trade mark, personality, privacy or publicity rights.
5.4 If we receive a credible infringement complaint we may remove the material from live campaigns immediately and without notice. Advertising spend lost as a result is not recoverable from Viral Trees.
6.1 Roles. In respect of personal data of prospective couples and enquirers generated by campaigns run for the Venue, the Venue is the Data Fiduciary. Viral Trees and Crossroads act as Data Processors on the Venue's documented instructions.
6.2 Purpose limitation. Enquiry data will be used only to contact, qualify and follow up enquirers about the Venue, and to measure and improve campaign performance. It will not be sold, rented, or used to market a competing venue.
6.3 Security. Both parties will apply reasonable security safeguards to enquiry data and will restrict access to personnel who need it.
6.4 Breach. Each party will notify the other in writing within 72 hours of becoming aware of a personal data breach affecting enquiry data, and will cooperate on notification to the Data Protection Board and affected individuals.
6.5 Deletion. On written request within 30 days of termination, Viral Trees will delete or return enquiry data, except where retention is required by law, by an advertising platform, or for the defence of a legal claim. Aggregated and anonymised performance data may be retained indefinitely.
6.6 The Venue's own obligations. The Venue is responsible for handling enquiry data lawfully once it is passed to them, including honouring consent withdrawals, erasure requests and Do Not Disturb / TRAI regulations for calls and messages.
Each party will keep confidential the other's non-public commercial information — including pricing, margins, occupancy, budgets, campaign structures, audience strategies, scripts, and performance data — and will use it only for the purposes of the engagement. This obligation continues for two years after the engagement ends. It does not apply to information that is public, independently developed, or required to be disclosed by law.
8.1 Viral Trees gives no guarantee of any specific number of leads, enquiries, site visits, bookings, revenue, cost per lead, cost per booking or return on ad spend. Any figures discussed in proposals, calls or reports are estimates based on prior experience and are not warranties.
8.2 Marketing outcomes depend on factors outside our control, including the Venue's pricing, availability, sales response time, negotiation, site-visit experience, reputation, seasonality, competitor activity, and advertising platform policy and algorithm changes.
8.3 Viral Trees is not liable for advertising platform account suspensions, ad disapprovals, policy changes, outages or pricing changes, nor for any resulting loss of spend or opportunity.
Unless the Service Agreement says otherwise, advertising spend is paid by the Venue directly to the platform and is separate from Viral Trees' fees. Where Viral Trees operates an ad account on the Venue's behalf, the Venue is bound by the applicable platform terms (Google Ads, Meta) and is responsible for the accuracy of claims made about its own property.
By submitting the form the Venue consents to being contacted by Viral Trees and Crossroads by phone, WhatsApp, SMS and email in connection with this application and any resulting engagement. Consent may be withdrawn at any time by writing to the address in clause 14.
During the engagement and for six months afterwards, the Venue will not directly engage, solicit or employ any individual member of the Viral Trees or Crossroads team introduced to it through this engagement, without written consent.
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, or loss of profit, revenue, goodwill or anticipated bookings. Viral Trees' total aggregate liability arising out of the engagement is limited to the fees actually paid by the Venue to Viral Trees in the three months preceding the claim. Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited by law. This clause does not limit the Venue's indemnity under clause 5.3.
13.1 Versioning. These terms are versioned. The version accepted by the Venue at the time of submission is recorded and stored, and continues to govern that submission. Changes apply prospectively only, to submissions made after the new version's effective date.
13.2 Governing law. These terms are governed by the laws of India. The courts at [CITY] have exclusive jurisdiction, subject to clause 13.3.
13.3 Disputes. The parties will first attempt to resolve any dispute by good-faith discussion within 30 days. Failing that, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at [CITY], in English.
13.4 Electronic acceptance. The parties agree that acceptance recorded through the onboarding form constitutes a valid electronic contract under Section 10A of the Information Technology Act, 2000.
Questions, consent withdrawals and data requests:
[EMAIL] · [PHONE]
Grievance Officer (DPDP Act, 2023): [NAME, EMAIL]