QuickFrame Maker Terms and Conditions

Updated June 24, 2025

These terms and conditions (the “Maker Terms” or the “Agreement”) govern your (“Maker”, “you”, or “your”) use of the QuickFrame Marketplace offered by MNTN, Inc. through its QuickFrame division (“QuickFrame”, “we”, “us”, “our”). By clicking “I Accept” and using or otherwise accessing the QuickFrame Marketplace, you acknowledge you have read, understood, and agree to be bound by these Maker Terms. If you are accepting the Maker Terms on behalf of your employer or another entity, then the “Maker” under this Agreement will be such employer or other entity, and you represent and warrant that (a) you have read and understand this Agreement, (b) you have full legal authority to bind your employer or such entity to this Agreement and (c) you agree to this Agreement on behalf of your employer or such entity. QuickFrame and Maker may collectively be referred to as the “Parties” and each a “Party”.

  1. DEFINITIONS
    Affiliate” means, with respect to a Party, any other entity which directly or indirectly, through one or more organizations, individuals or business concerns, Controls or is Controlled by or is under common Control by a third party or each other. For purposes of this definition, the terms “Control” and “Controlled” include, without limitation, the possession, directly or indirectly, of the power to direct the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.

    Bid” means a submission by a Maker in response to an Opportunity in the Platform.

    Client” means the brands, advertisers, and other users seeking video production services via the QuickFrame Marketplace.

    Creative” means the ideas, concepts, sketches, storyboards, and other pre-production materials developed by Maker for use in and for the Deliverables.

    Deliverables” means the video assets and related material identified in a Project or otherwise delivered by Maker to Client in connection with a Project. Unless otherwise specifically set forth in the Project details, Deliverables do not include Raw Files. 

    Intellectual Property Rights” means any and all copyright (including rights in computer software and databases), trademarks, service marks, trade dress, brand names, logos, good-will, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, and reversions in respect of any of the same as provided in Creative or Deliverables.

    Maker Community” means QuickFrame’s diverse and global network of professional video creators and production companies participating as Makers in the QuickFrame Marketplace.

    Opportunity” means a Project submitted to the Platform by Client that is available for Bidding. Opportunities are time-limited and may be withdrawn by Clients at any time before accepting any Bids.

    Project” means the Services and Deliverables requested by the Client, including all requirements, specifications, general ideas and other relevant details regarding the video content to be produced by Maker.

    Project Effective Date” means the date a Bid is accepted by a Client.

    QuickFrame Marketplace” or “Platform” means QuickFrame’s video marketplace platform, where Makers have the opportunity to bid on video projects submitted by Clients, made available at ui.quickframe.com.

    Raw Files” means, with respect to Deliverables, unedited and fully uncompressed footage with no transcoding and no color correction. 

    Services” means the video production services provided to Client, including the Creative, Deliverables, production techniques, talent requirements, video technical specifications, and other services described in a Project. 
  2. PLATFORM ACCESS AND RESTRICTIONS
    1. Platform Access.  Subject to these Maker Terms, QuickFrame hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the Platform to provide Services to Clients. All rights not expressly granted herein to you are reserved to QuickFrame, its affiliates and licensors. You will be given access to the Platform once you have accepted these Maker Terms and completed all necessary onboarding steps (including, without limitation, application submissions, trainings, and interviews).
    2. Access Restrictions.  You shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Platform available to any third party; (ii) use the Platform in the operation of a service bureau or similar service for third parties; (iii) modify, copy or create derivative works based on the Platform; (iv) disassemble, reverse engineer, decompile or otherwise seek access to the source code of the Platform or any unauthorized content on the Platform; (v) access the Platform in order to build a competitive product or service; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (viii) attempt to gain unauthorized access to the Platform or its related systems or networks; (ix) remove from the Platform any language or designation indicating the confidential nature thereof or the proprietary rights of QuickFrame or any Clients; or (x) use the Platform in any manner not expressly permitted under this Agreement.
    3. Access Credentials.  You are solely responsible for keeping your access credentials for the Platform secure and confidential, and you are responsible for all use of the Platform through your access credentials, including any unauthorized use. If you become aware of any unauthorized use of your Platform account, you must notify QuickFrame immediately in writing. QuickFrame is not liable for any loss or damage arising from the unauthorized access to or use of your account. Upon termination of this Agreement, QuickFrame may disable and/or delete your account with or without notice to you.
  3. PROJECT ACCEPTANCE, APPROVALS AND DELIVERY
    1. Bidding; AcceptanceSubject to these Maker Terms, you may place Bids on Opportunities in the QuickFrame Marketplace. Opportunities are available for bidding for a limited time (“Bidding Period”). Clients may accept or dismiss Bids during the Bidding Period for any reason. By placing a Bid, you acknowledge and agree that you are responsible for performing the Services described in the applicable Project if accepted. 
    2. Approvals; Timelines.  Once your Bid is accepted, you are responsible for completing the Services on or before the Project due date, including any applicable milestones described in the applicable Project. Final Deliverables shall be uploaded to the QuickFrame Marketplace for Client review and approval.
    3. Revisions.  “Revisions” are defined as a material change requested by Client to the Project and are limited to those changes that can be accomplished or accommodated via available post-production techniques. Unless otherwise expressly agreed upon in a Project, reshoots or capturing additional footage are expressly excluded as an acceptable Revision. 
    4. Overages.  “Overages” are defined as the fees incurred by Client for excess Revisions and other modifications that exceed the scope set forth in the applicable Project, and which result in extensions, revisions, delays, and/or otherwise cause additional expenses and fees to complete the project as agreed upon in the applicable Project. Maker will use provide an estimate to QuickFrame of expenses and fees for Overages in a timely manner and prior to incurring such fees and expenses.
    5. Make Good.  In the event that Maker neglects and/or fails to satisfy the requirements set forth in the applicable Project, Maker must add missing items or fix the issues at no additional charge. If the project is unsalvageable, Maker will either (at QuickFrame’s sole discretion): (i) re-perform the Services at no additional charge, or (ii) be removed from the Project altogether. If removed altogether, Maker will forfeit payment and, to the extent applicable, shall return any payments received to date for such Project. For the avoidance of doubt, any Services and/or Deliverables that fail to meet all requirements specified in the applicable Project shall not be deemed Revisions, and will not be subject to Overages. Maker shall add any missing items or fix any issues at no additional charge. 
  4. FEES AND PAYMENT
    1. Payment of Fees.  Unless otherwise expressly stated in the applicable Project, all fees for Services shall be due and payable to Maker within thirty (30) days of the applicable Client’s final approval of the Deliverables.
    2. Advanced Fees.  Maker may request up to 50% of the total budget for Services under the applicable Project in advance (up to $50,000), subject to a fee of 5% of the total amount owed to Maker. Such fee shall be debited from the final payment amount made to Maker by the Client. For additional information please see QuickFrame’s Payment Terms Page.
    3. Taxes.  As between the parties, Maker will be liable for, and pay, all applicable federal and state taxes assessed on Maker as a result of payments paid to Maker under this Agreement.
  5. CONFIDENTIAL INFORMATION
    1. Confidential Information.  “Confidential Information” means all information disclosed by one Party to the other in the course of performing this Agreement including but not limited to any trade secret, information, process, technique, design, drawing, formula, test data, know-how, other works of authorship, unpublished financial information, strategy, business plans or similar information relating to any video project, research project, work in process, future development, marketing, servicing, financing or personnel matter relating to the disclosing Party, its present or future products, sales, pricing information, suppliers, clients, customers, employees, contractors, investors or business, whether in oral, written, graphic, or electronic form. The foregoing shall not prohibit or limit a Party’s use of any information, including but not limited to ideas, concepts, know-how, techniques and methodologies which (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving Party, generally known or available; (ii) is known by the receiving Party at the time of receiving such information as evidenced by its records; (iii) is hereafter furnished to the receiving Party by a third-party as a matter of right and without restriction on disclosure; (iv) is independently developed by the receiving Party without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by the disclosing Party. Furthermore, either party may disclose Confidential Information (1) to its employees and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (2) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law).
    2. Confidentiality.  Each Party acknowledges that it may receive Confidential Information from the other Party through the provision, receipt, and use of Services. During the term of this Agreement and for a period of three (3) years thereafter, neither Party will disclose, provide, or otherwise make available to any unapproved third-party any Confidential Information of the other and shall utilize such Confidential Information to the extent necessary to provide the Services under the terms of this Agreement, and for no other purpose. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Within sixty (60) days of the termination or expiration of this Agreement, each Party shall destroy (or return, if requested and commercially reasonable) all Confidential Information of the other Party. In the event of actual or threatened breach of the provisions of this Section 5, the non-breaching Party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.
  6. PROPRIETARY RIGHTS
    1. Ownership of Deliverables.  Subject to this Section 6 and except as may be otherwise expressly provided in an applicable Project, Maker hereby assigns, transfers, and conveys to QuickFrame, all right, title and interest in any intellectual property rights Maker may have in any Deliverables created for a Client pursuant to this Agreement. Maker agrees that all Deliverables are and remain the property of QuickFrame at the moment of creation of such Deliverables and Maker agrees to execute, at QuickFrame’s request, all documents, and other instruments necessary or requested by QuickFrame to confirm or perfect such assignment, grant, and/or conveyance.
    2. Third-Party Rights.  To the extent that the applicable Client’s use and ownership of the Deliverables may be subject to the rights of third parties whose materials or services are contained in the Deliverables (“Third-Party Rights”), Maker shall be responsible for securing all requisite Third-Party Rights for use in the Deliverables created by Maker, including but not limited to, talent agreements, location releases, music licenses, and other authorizations to use third-party materials. Maker shall disclose in writing to QuickFrame any and all limitations, restrictions, or other conditions imposed by Third-Party Rights in any Deliverables. 
    3. Pre-Existing Works.  All Intellectual Property Rights owned by a Party or its Affiliates as of the Effective Date (“Pre-Existing Works”) will continue to be owned by such Party and its affiliates and, except as expressly provided in this Agreement, the other Party shall not acquire any right, title or interest in or to such rights. To the extent that any Deliverable includes Pre-Existing Works of Maker, Maker hereby grants to QuickFrame a perpetual, irrevocable, fully paid-up, royalty-free, worldwide, sublicensable (to the applicable Client), non-exclusive license for QuickFrame to use, copy, modify, enhance and create derivative works from the Pre-Existing Works included in or with the Deliverables.
    4. Demonstration Works.  Furthermore, Maker hereby grants to QuickFrame a non-transferable, nonexclusive, license under this Agreement to access and use the Pre-Existing Works provided by Maker to QuickFrame for the limited purpose of internal evaluation and for non-public demonstration purposes, used to expand the universe of Services that can be offered by the Maker Community to potential Clients (each, a “Demonstration Work”). Demonstration Work(s) will remain at all times under QuickFrame’s possession and control, and any third party who accesses or reviews such Demonstration Work(s) shall not obtain possession or control of any such Demonstration Works. For purposes of this section, Deliverables shall be considered Demonstration Works.
    5. Raw Files or Footage.  Unless otherwise expressly stated in an applicable Project, Deliverables do not include Raw Files. For purposes of clarity and the avoidance of doubt, while in the possession of the Maker, Raw Files shall be solely and exclusively owned by QuickFrame and QuickFrame shall own all Intellectual Property Rights therein. If the Client desires to acquire the Raw Files as part of the Deliverables, QuickFrame shall work with the Maker to provide an estimate of the cost of delivery of such Raw Files in the applicable Project or an addendum thereto. If, after the Project Effective Date, Client desires to acquire the Raw Files, QuickFrame will obtain an estimate of the cost of preparation and delivery of such Raw Files, which shall by payable by Client, and Maker will provide all necessary assistance to transfer such Raw Files to Client. If Client does not procure the Raw Files within six (6) months after delivery of the Deliverables, Maker shall destroy the Raw Files in its possession. 
    6. Maker Publicity.  Unless otherwise set forth in a Project, Maker may refer to Client’s name or logo, or display the Deliverables, in Maker’s marketing materials, website, or portfolio; however, Maker will not use Client’s name or trademarks in any other publicity (e.g., press releases, customer references, casting calls or case studies) without obtaining the Client’s prior written consent (which may be by email). Notwithstanding the foregoing, Maker will remove a Client’s name, logo, and/or Deliverables from Maker’s marketing materials, website, or portfolio upon Client’s request (which may be by email).
  7. TERMINATION
    1. Term.  This Agreement shall remain in effect and govern any active Projects for Services between the Parties unless otherwise terminated under this section.
    2. Termination.  Each Party may terminate this Agreement upon written notice to the other Party if there are no Projects then in effect. A Party may also terminate this Agreement or any Project upon thirty (30) days written notice in the event: (i) of an alleged material breach by other Party, upon which the alleging breaching Party shall have thirty (30) days to cure such alleged material breach, or (ii) subject to applicable law, if the other Party (A) becomes insolvent, (B) makes an assignment for the benefit of creditors, (C) files for bankruptcy or seeks reorganization because of a bankruptcy filing, or (D) institutes liquidation or winding up procedures. Upon termination of this Agreement pursuant to this Section 7(b) or 7(c) below, Maker shall be paid for all reasonable expenses incurred as of the date of such termination.
    3. QuickFrame Termination.  QuickFrame, in its sole discretion, may suspend or terminate this Agreement and Maker’s account, or use of the Platform, for lack of use or if QuickFrame believes that Maker has violated or acted inconsistently with the letter or spirit of this Agreement. If QuickFrame exercises such right, QuickFrame will provide notice to the email address associated with Maker’s account. 
    4. Maker Termination.  This Agreement or a Project may be terminated by Maker without cause upon thirty (30) days written notice; provided, however, that if Maker terminates this Agreement or any Project without cause, Maker shall forfeit payment and shall return any payments received as of the date of termination. If Maker terminates more than one (1) Project pursuant to this Section in any six (6) month period, QuickFrame reserves the right to terminate this Agreement without any further liability to Maker.
    5. Effect of Termination.  Upon termination or expiration of this Agreement or upon Maker’s suspension or termination of the Services through Maker’s account in the Platform: (i) Maker’s access to the Platform shall terminate immediately and Maker shall cease using the Platform; (ii) QuickFrame will pay any undisputed, unpaid fees payable to Maker related to Services and Deliverables provided through the date of termination under this Agreement; and (iii) each Party shall destroy all copies of Confidential Information of the other Party.
  8. NON-CIRCUMVENTION
    Maker hereby expressly covenants and agrees not to engage in any discussions or negotiations or to execute any agreement, understanding or undertaking whatsoever with any Client introduced to Maker by QuickFrame via the Platform, for any reason other than to perform the Services facilitated through QuickFrame. Maker acknowledges and agrees that Clients are customers of QuickFrame and that such customer relationship between Client and QuickFrame is confidential. Maker acknowledges and agrees that QuickFrame’s relationships with Clients are a critical component of QuickFrame’s business, that the foregoing limitation is a fundamental part of the basis of QuickFrame’s bargain hereunder, and that QuickFrame would not enter into this Agreement without the limitations of this Section 8. In the event that Maker breaches this section, QuickFrame reserves the right to terminate this Agreement without any further liability to Maker.
  9. INDEMNIFICATION
    1. Maker Indemnification.  Maker will indemnify, defend, and hold QuickFrame and its parent, subsidiaries and Affiliates and their respective directors, employees and agents (collectively, the “QuickFrame Indemnitees”) from and against any claim made or brought against any QuickFrame Indemnitee by a third party (i) alleging that the Services and/or Deliverables as provided by Maker infringe any third-party Intellectual Property Rights, and Maker shall pay the damages finally awarded by a court or agreed to by QuickFrame in a written settlement agreement with respect to such claims; (ii) arising from or related to any agreements with third parties (including without limitation subcontractors and talent); (iii) arising from Maker personnel relating to federal, state or local taxes or contributions, wages, or benefits; and/or (iv) arising from the acts, errors, omissions or the gross negligence or willful misconduct of Maker or its employees, agents, of contractors. 
    2. QuickFrame Indemnification.  QuickFrame will indemnify, defend, and hold harmless Maker and its employees and contractors (“Maker Indemnitees”) from and against any third-party claim made or brought against Maker Indemnitees to the extent arising from the gross negligence or willful misconduct of QuickFrame or its employees, agents, of contractors.
    3. Procedure.  The indemnified Party will (i) give the indemnifying Party written notice of any claim, action, suit, and proceeding for which the indemnified parties are seeking indemnity, (ii) grant control of the defense and settlement to the indemnifying Party; and (iii) provide, at the indemnifying Party’s expense, reasonable assistance in the defense or settlement thereof. In any event, the indemnified Party shall have the right to participate, at their own expense, in the defense or settlement of any claim, action, suit or proceeding that is the subject of an indemnification obligation. If at any time QuickFrame, as the indemnified party, determines (in its sole discretion) that any claim brought under Section 9(a) might adversely affect any QuickFrame Indemnities, then without limiting Maker’s indemnification obligations, QuickFrame may take control of the defense of the claim. The indemnifying Party will not settle any claim that creates any ongoing liability to the indemnified Party or an admission of liability with respect to any claim without the indemnified Party’s written consent.
  10. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
    1. Mutual Warranties.  Each Party warrants that it has the legal power and authority to enter into this Agreement.
    2. Maker Warranties.  Maker represents, warrants and covenants to QuickFrame that: (i) the Services and Deliverables provided hereunder shall be provided in a professional and workmanlike manner and in accordance with applicable laws and best industry standards; (ii) this Agreement has been duly and validly executed and delivered by Maker and constitutes the valid and binding agreement of Maker, enforceable against Maker in accordance with its terms; (iii) the Services and Deliverables will (A) be the original work of Maker (other than the approved Third-Party Rights) and (B) be free and clear of any encumbrances of any kind (other than restrictions on approved Third-Party Rights), (C) not infringe or misappropriate any third-party Intellectual Property Rights, (D) not contain any viruses, and (E) function in accordance with any and all mutually agreed upon specifications of any Projects or any change orders; (iv) Maker will comply with all applicable policies or codes of conduct provided to Maker by QuickFrame; (v) Maker is customarily engaged in an independently established business of the same nature as the Services performed for Clients through the Platform; (vi) Maker has and will maintain all insurance required to operate Maker’s business and perform the Services; and (vii) to the extent applicable, all of its employees, subcontractors and other personnel are bound by written agreements requiring them, and permitting Maker, to comply with the terms of this Agreement, and Maker shall further provide to QuickFrame a copy of such signed written agreements promptly after execution thereof. 
  11. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; NO CLASS ACTION
    1. Dispute Resolution.  If a dispute or claim arises under this Agreement (a “Dispute”) that the project managers or primary business contacts of each party are unable to resolve, a party will notify the other party of the Dispute in writing (which may be via email) with as much detail as possible. Maker and a QuickFrame senior business representative with full authority to resolve the Dispute will use good faith efforts to resolve the Dispute within ten (10) business days after receipt of a Dispute notice. If the parties’ senior business representatives are unable to resolve the Dispute, or agree upon the appropriate corrective action to be taken, within such ten (10) business days, then either party may pursue arbitration as set forth in Section 11.b below.
    2. Arbitration.  All Disputes that remain unresolved following the process set forth in Section 11.a above shall be finally settled under by arbitration in Los Angeles, California, before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding the foregoing, either party hereto shall be entitled to seek injunctive or equitable relief from a court of competent jurisdiction without the necessity of posting bond or proving actual damages.
    3. Class Action Waiver.  To the fullest extent permitted by applicable law, Maker and QuickFrame each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. Maker and QuickFrame understand that by agreeing to this class action waiver, each may only bring a Dispute against one another in an individual capacity, not as a representative or member of a purported class, or as a Private Attorney General.
    4. Governing Law.  This Agreement, and any Dispute arising out of or related to this Agreement, shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, excluding its conflicts of law rules, regardless of Client’s country of origin or where Client accesses the Platform. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
  12. GENERAL
    1. Insurance.  Makers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of Services.
    2. Export Controls.  Maker agrees to comply with all applicable export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and Maker covenants that Maker will (directly or indirectly) not export, or allow the export or re-export of the Services or any Deliverables in violation of any such restrictions, laws or regulations. By signing up to be a Maker to provide Services, Maker agrees to the foregoing and represents and warrants that Maker is not located in, under the control of, or a national or resident of any restricted country.
    3. Relationship.  The Parties are independent contractors and nothing in this Agreement shall be construed as constituting a joint venture, common undertaking, or other association between the Parties. Neither Party shall be deemed to be an employee, agent, partner, nor legal representative of the other Party for any purpose, and neither Party shall have any right, power, or authority to create an obligation or responsibility on behalf of the other Party, or to make any representation or warranty on behalf of such Party, except as set forth in this Agreement. QuickFrame shall not furnish a salary, sick pay, vacation, insurance coverage, retirement benefits, workers’ compensation insurance, or any other benefit to Maker or any of its employees or agents. The parties agree that QuickFrame shall not be responsible for payment of federal, state or local taxes or contributions required for unemployment insurance or social security in connection with the Services rendered by Maker or the terms of this Agreement and Maker shall indemnify Company for any damages, judgments or costs incurred as a result of Maker’s failure to make such payments or contributions. Maker agrees that it is responsible for maintaining compliance with all applicable employment laws with regard to any employees it retains in connection with Services provided under this Agreement.
    4. Assignment.  The rights and obligations of each Party under this Agreement are not assignable without the prior written consent of the other Party, provided however, QuickFrame may assign its rights and obligations of this Agreement to an Affiliate or to the surviving entity in any merger or consolidation to which it is a party or to any party that acquires all or substantially all its capital stock or assets. Any assignment in contravention of this provision will be null and void. The Parties’ rights and obligations under the Agreement will be binding on and will inure to the benefit of all permitted assignees and successors in interest.
    5. Waiver.  No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the same or any other provision herein, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.
    6. Client Disputes.  While QuickFrame may help facilitate the resolution of disputes between Makers and Clients, Maker is solely responsible for Maker’s interactions with Clients, and QuickFrame is not a party to any disputes that may arise between Maker and Client, nor does QuickFrame have any obligation to mediate or facilitate any resolution. QuickFrame reserves the right to monitor and mediate disputes if QuickFrame believes, in its sole discretion, that it is necessary to do so. If QuickFrame chooses to exercise this right, then Maker agrees to cooperate with and assist QuickFrame in good faith, and to provide QuickFrame with such information and take such actions as may be reasonably requested by QuickFrame, in connection with any disputes or other complaints or claims made by a Maker or Client relating to provision or receipt of Services.
    7. Entire Agreement.  This Agreement, any Projects, and/or amendments thereto constitute the entire agreement between QuickFrame and Maker, and supersede all prior and contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matter hereof. Notwithstanding any language to the contrary therein, any conflicting or additional terms stated in a purchase order or similar ordering document (other than a Project expressly incorporating the terms of this Agreement) shall not be incorporated into this Agreement, and such terms shall be void and without any legal effect. This Agreement is for the sole and exclusive benefit of QuickFrame and Client. In the event of a conflict between these Maker Terms and a Project, the terms of these Maker Terms shall control unless the Project contains provisions expressly stating that such provisions override these Maker Terms.
    8. Modification; Amendment.  QuickFrame reserves the right in its sole discretion and at any time and for any reason to modify these Maker Terms. With respect to each Project, any modifications to these Maker Terms shall become effective upon the date of the next Project that Maker enters into with QuickFrame. It is Maker’s responsibility to review these Maker Terms from time to time for any changes or modifications. Except as set forth in this Section, no amendment or modification to this Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both parties.
    9. Notices.  Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, electronic mail, return receipt requested, or by overnight delivery. Notices to Maker may be sent to the address listed in Maker’s account, or email address provided by Maker. Notices to QuickFrame must be sent to the following:

      MNTN, Inc.
      823 Congress Avenue #1827
      Austin, TX 78768

      Email: innes@mountain.com  
      Attention: Chris Innes, Chief Operating Officer
      With copy to: legal@mountain.com
    10. Severability.  If any provision of this Agreement is found invalid or unenforceable under any applicable law, then such provision shall be deemed modified to the extent necessary to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed, and the remainder of this Agreement shall remain in full force and effect.