This summary is for orientation only and is not part of the binding terms. Where it differs from the terms below, the terms control.
1.1 The Agreement. These Creator Terms & Conditions (the "Creator Terms") form a binding agreement between you ("Creator," "you") and LaunchPreneur, Inc., a Delaware corporation, operating as ViralBrand ("ViralBrand," "we," "us"). They govern your participation in any collaboration, campaign, gifting activation, affiliate program, ambassador program, or content opportunity offered through ViralBrand.
1.2 Our Names. ViralBrand conducts creator outreach and runs collaborations under several names. You are contracting with ViralBrand whichever name you first encountered, including: ViralBrand, ViralBrand Collab Hub, The McCord List, CollabsHub, and any brand-named collaboration hub built and operated by ViralBrand on behalf of a brand. A collaboration hub carrying a brand's name is operated by ViralBrand; your agreement is with ViralBrand, not with the brand, unless a separate agreement says otherwise. The brand is not a party to these Creator Terms, but it receives the content license at Section 5 directly in its own name, and may enforce the provisions listed at Section 21.
1.3 How You Accept. You accept these Creator Terms, and they become binding on you, on the earliest of: submitting an opt-in, application, or sign-up form through any ViralBrand property or collaboration hub; accepting a collaboration offer, brief, or campaign invitation; accepting or receiving product sent in connection with a collaboration; publishing content in connection with a collaboration; using an affiliate code or tracking link issued to you; or accepting payment from ViralBrand.
1.4 Offers Sit on Top. Each collaboration has its own offer, brief, or campaign terms (an "Offer") setting out what the collaboration involves, what you receive, and what is expected. The Offer and these Creator Terms are read together. Where they conflict, the Offer controls as to deliverables, timing, and compensation; these Creator Terms control as to everything else.
1.5 Annexes. Annexes at the end of these Creator Terms apply to particular kinds of collaboration and apply only where you take part in that kind: Annex A (Gifting Suite and studio activations), Annex B (Paid Partnerships), Annex C (Affiliate and Ambassador Programs), Annex D (Regulated Categories).
1.6 Age and Capacity. You must be at least eighteen (18) years old and able to enter a binding contract. If you are not, do not opt in, do not accept product, and do not publish. Where local law sets a higher age for advertising work, that age applies.
1.7 Your Own Account. You warrant that you own and control the social media account or accounts you present to us, that the audience metrics you report are accurate and have not been artificially inflated, and that you have not purchased followers, engagement, or views for those accounts.
1.8 What You Tick at Sign-Up. When you first join our network you will be asked to confirm, by an unticked box you must tick to continue:
☐ I agree to ViralBrand's Creator Terms. I understand that brands I create content for, and ViralBrand, receive a perpetual, royalty-free license to use that content, whether the collaboration is gifted or paid; that if I opt in to a brand's campaign, that brand can see my profile and contact details in ViralBrand's platform, and if I publish for them, they may keep my details and contact me directly; and that I keep my deal terms confidential, as ViralBrand keeps mine.
1.9 What You Tick for Each Campaign. Each time you opt in to a campaign you will be asked to confirm, by a separate unticked box:
☐ I am opting in to [CAMPAIGN] for [BRAND]. This is a [gifted / hybrid / paid] collaboration. I understand the license and data terms I agreed at sign-up apply to it.
1.10 Your Confirmation. After each acceptance we email you a confirmation showing the date and time, the campaign and brand, and the version number of these Creator Terms that applies, with a permanent link to that version. That version governs that campaign even if these Creator Terms are later updated (Section 23).
2.1 "Brand" or "Promoted Brand" means the business whose product, service, or campaign a collaboration promotes. The Brand may be a client of ViralBrand, a ViralBrand Member, or ViralBrand itself.
2.2 "Collaboration" means any campaign, gifting activation, seeding wave, paid partnership, affiliate program, ambassador arrangement, event appearance, or content opportunity you take part in through ViralBrand.
2.3 "Content" means any video, image, audio, text, story, reel, livestream, caption, or other material you create, publish, or provide in connection with a Collaboration, including drafts, outtakes, and raw footage you supply to us.
2.4 "Post" means any discrete act of publication, including a story, reel, short-form video, image, livestream, or written post. Stories count, even though they expire.
2.5 "Product" means any item, sample, service, access, experience, or benefit provided to you in connection with a Collaboration.
2.6 "Offer" has the meaning given in Section 1.4.
2.7 "Compensation" means any cash fee payable to you under an Offer. Product, access, and experiences provided in a gifted Collaboration are not Compensation.
2.7.1 Types of Collaboration. A Collaboration is one of three types, and the Offer says which:
These Creator Terms apply to every type. The content license at Section 5 and the confidentiality at Section 13 are the same whichever type applies.
2.8 "Collaboration Hub" means a website and creator management system built and operated by ViralBrand through which you sign up for a Collaboration and receive assets, briefs, tools, links, and instructions.
2.9 "Platform" means any social media, video, streaming, commerce, or publishing service on which you publish Content.
3.1 Independent Contractor. You are an independent contractor. You are not an employee, agent, partner, joint venturer, or representative of ViralBrand or of any Brand, and nothing in these Creator Terms creates such a relationship. You have no authority to bind ViralBrand or any Brand, to make representations on their behalf, or to incur obligations in their name.
3.2 You Control Your Work. You decide how, when, and where you create. You use your own equipment. You set your own schedule. You may work with as many other brands and agencies as you like, subject only to any exclusivity you expressly accept in an Offer under Section 16.
3.3 Your Own Taxes. You are responsible for all taxes on anything you receive, including income tax and self-employment tax, and including the fair market value of Product where applicable law treats it as taxable. We do not withhold. Where required, we will issue an IRS Form 1099 or equivalent, and you will provide a completed Form W-9 or W-8BEN before payment.
3.4 No Benefits. You are not entitled to employee benefits of any kind from ViralBrand or any Brand.
3.5 Your Own Insurance and Costs. You are responsible for your own insurance and for your own costs of participating, except where an Offer expressly says otherwise.
4.1 Opting In Is Not a Commitment. Submitting an opt-in or application tells us you are interested. It does not guarantee you will be selected, offered a Collaboration, sent Product, or paid.
4.2 Selection. We select creators for each Collaboration against criteria agreed with the Brand, which may include category, audience profile, geography, follower and engagement parameters, brand-safety screening, and our own scoring. Selection is at our discretion, we are not obliged to explain a decision, and non-selection is not a rejection of you.
4.3 The Brief. Where you are selected, we give you a brief with the campaign's messaging, any required elements, disclosure instructions, and timing. In gifted Collaborations you keep full creative control over how you interpret the brief — see Section 4.6.
4.4 Share-to-Ship. Some Collaborations require you to publish a specified branded Post before Product ships. Where that applies, the Offer says so clearly. Publishing the specified Post triggers your shipment. If you do not publish it, Product is not shipped and nothing further is owed to you.
4.5 Follow-Up. Where you accept Product and have agreed to post, we may follow up with you several times. If you no longer wish to take part, tell us and we will stop.
4.6 Your Creative Control in Gifted Collaborations. In a gifted Collaboration, you choose your own format, caption, framing, and style. You are not required to say anything you do not believe. You may give an honest opinion, including a critical one. We ask only that you meet the required elements in the brief — typically that the Product is visible and the disclosure is present — and that you comply with Sections 9 and 10.
4.7 Paid Partnerships Are Different. Where you are paid a fee, you are contracting to deliver specified deliverables, and content approval, revisions, caption approval, and posting windows may apply. Annex B governs.
4.8 We May Change or Cancel. We may modify, postpone, or cancel any Collaboration before you have published. Where we cancel a paid Collaboration after you have begun work, Section 14.5 applies. Where we cancel a gifted Collaboration before shipment, nothing is owed to you.
4.9 No Guarantee of Future Work. Taking part in one Collaboration gives you no right to be included in any future one.
5.1 You Own Your Content. You own the Content you create. Nothing here transfers ownership of your Content, your account, or your underlying work to us or to any Brand.
5.2 What You Grant. You grant to ViralBrand and to the Promoted Brand a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, display, perform, edit, adapt, excerpt, resize, reformat, translate, caption, and create derivative works from the Content you publish or supply in connection with a Collaboration, across all media now known or later developed, including:
(a) organic social media on any account owned or operated by ViralBrand or the Brand;
(b) paid media, including boosted posts, whitelisted or partnership advertising, and advertising run through your handle where you have separately authorized that access;
(c) websites, landing pages, collaboration hubs, email, and SMS;
(d) retail, packaging, point of sale, trade shows, and in-store display;
(e) broadcast, streaming, connected television, and podcast programming, including ViralBrand's own programming; and
(f) press, case studies, sales materials, decks, and portfolio use.
5.3 This Is a Core Term. You acknowledge that this perpetual, royalty-free license is a material part of what the Brand receives, that it is broader than a standard limited-term usage license, and that the value of the Product, fee, access, or commission you receive reflects it. If you are not willing to grant it, do not take part.
5.4 Content You Delete. The license survives your deletion of a Post. If you take a Post down, ViralBrand and the Brand may continue to use copies made while it was live. We encourage you to tell us if you take something down and why.
5.5 Moral Rights. To the extent permitted by law, you waive any moral rights in the Content, including rights of attribution and integrity, in favor of ViralBrand and the Brand. Where such rights cannot be waived, you agree not to assert them in a way that prevents the uses licensed here.
5.6 Third-Party Material in Your Content. You are responsible for everything in your Content. If your Content includes music, footage, images, fonts, trademarks, artwork, or other material you did not create, you warrant you have the rights needed for every use licensed in Section 5.2 — which includes paid advertising and perpetual use. Most commercial music licenses on social platforms do not permit this. Do not use trending audio, licensed music, or clips from film or television in Collaboration Content unless the Offer expressly says the Brand has cleared it.
5.7 Other People in Your Content. If your Content features any other person, including children, you warrant you have obtained their consent (or their parent's or guardian's consent) to every use licensed in Section 5.2, and you will provide evidence of that consent on request.
5.8 Content We Produce. Where ViralBrand's own team photographs or films you — including at the Gifting Suite, at events, or at our studios — we own that content, and Annex A governs how it may be used.
6.1 What Is Licensed. You grant ViralBrand and the Brand the right to use your name, handle, likeness, voice, and biographical information as they appear within the licensed Content, and to identify you truthfully as a participant in the Collaboration, including in press releases, case studies, and reporting.
6.2 What Is Not Licensed. This does not permit ViralBrand or the Brand to:
(a) use your name, likeness, or voice outside the four corners of the licensed Content — for example, on packaging as a standalone endorser, in a standalone advertisement built around you, or as the face of a campaign you did not agree to;
(b) state or imply an endorsement you did not actually make;
(c) present you as a current or ongoing ambassador after the Collaboration has ended, or after you have publicly disassociated from the Brand; or
(d) create derivative works that materially alter your portrayal, your words, or your apparent views.
Any of those requires your separate written consent.
6.3 Standalone Endorsement. If a Brand wants to use you as a named, standalone endorser, that is a separate deal on separate terms, and you are free to decline it or price it.
7.1 Disassociation. If you publicly disassociate from a Brand, or ask us in writing to stop using your Content in new paid advertising, we will pass your request to the Brand and will stop using it in new paid placements ourselves within a commercially reasonable time.
7.2 What We Cannot Undo. The license in Section 5.2 is perpetual and irrevocable. We cannot recall content already printed, published, distributed, or delivered to third parties, and we cannot compel a Brand to stop. This Section is a good-faith commitment about our own future use, not a right of withdrawal.
7.3 Safety. Where you tell us that continued use of your Content or likeness presents a genuine risk to your safety, we will escalate the request to the Brand urgently and cease our own use immediately.
8.1 Your Content Must Be Real. You warrant that Content you publish in a Collaboration genuinely depicts you, your actual use of or opinion about the Product, and real events. You will not present AI-generated or synthetically produced material as authentic footage of yourself or of anyone else.
8.2 What Is Not Permitted. Without our prior written consent, you will not:
(a) publish Collaboration Content that is wholly or substantially generated by artificial intelligence and presented as your own filmed or photographed work;
(b) use a synthetic or cloned version of your own voice or face, or of anyone else's, in Collaboration Content;
(c) create or publish a deepfake, face swap, or digital replica of any real person, including any celebrity, public figure, or other creator;
(d) use AI to fabricate a demonstration, result, before-and-after, or testimonial that did not occur;
(e) use AI to generate reviews, comments, or engagement; or
(f) use AI tools in a way that reproduces a third party's copyrighted work or a recognizable person's likeness without rights.
8.3 Permitted and Disclosed Uses. Ordinary creative tools — colour correction, filters, background cleanup, captioning, editing assistance, script drafting — are permitted. Where you use generative AI in a way that materially affects what the Content depicts, you must tell us before publishing and must apply any AI labelling the Platform requires.
8.4 Our Reciprocal Commitment to You. Neither ViralBrand nor the Brand will create a synthetic or AI-generated version of your voice, face, or performance, or use your Content to train a generative model to replicate you, without your separate, specific, written consent. Nothing in the license at Section 5.2 grants that right, and this commitment is enforceable by you regardless of any other provision. Your rights under applicable digital replica and right-of-publicity laws are preserved.
8.5 Consequences. Publishing Content in breach of this Section is a material breach. We may require removal, withhold or recover Compensation for the affected deliverable, and remove you from current and future Collaborations.
9.1 Always Disclose. Every Post you publish in connection with a Collaboration must clearly and conspicuously disclose your material connection to the Brand, in accordance with the FTC's Endorsement Guides and any equivalent rules in your jurisdiction. This applies whether you were paid, gifted, given access, or are earning commission.
9.2 How to Disclose. Disclosure must be in the same language as the Post, visible without clicking "more," audible as well as visible in video where the endorsement is spoken, present on every Post including stories, and not buried among other hashtags. Platform tools such as "Paid partnership" labels are encouraged but are not sufficient on their own.
9.3 Say What Is True. Your statements about the Product must reflect your honest opinion and your actual experience. You must not make claims the Brand has not substantiated, and you must not make claims about health outcomes, earnings, or performance beyond what the brief expressly provides.
9.4 Follow the Brief on Claims. Where the brief gives required claims, prohibited claims, or disclaimers, follow them exactly. If you are asked to say something you believe is untrue, tell us and do not publish it.
9.5 Platform Rules. You must comply with the terms, advertising policies, and branded-content rules of every Platform you publish on, including any requirement to use branded content tools.
9.6 Your Own Compliance. You are responsible for your own compliance with advertising law in your jurisdiction. Where we give you guidance, it is practical assistance and not legal advice.
10.1 Shipping. Where Product is shipped, you will provide accurate shipping details and are responsible for keeping them current. We are not responsible for losses caused by an address you gave incorrectly.
10.2 Use It as Intended. Read the label. Follow the instructions. Check for allergens and warnings before use. Do not use a Product you have reason to believe is unsafe, expired, or damaged, and tell us if you receive one.
10.3 Not Medical Advice. Products are provided for you to try and review. Nothing provided is medical, dietary, or professional advice. If you have any health condition or concern, consult a qualified professional before using a Product.
10.4 The Brand Stands Behind Its Product. The Brand, not ViralBrand, is responsible for its Product, including its safety, labelling, and regulatory compliance. ViralBrand does not manufacture, test, or inspect Product.
10.5 Product Is Yours to Keep, Not to Sell. Unless the Offer says otherwise, Product sent to you is yours. You may not resell it, list it on resale marketplaces, or transfer it for value. You may give it away or donate it once the Collaboration is complete.
10.6 Loaned Items. Where an Offer identifies an item as loaned — equipment, wardrobe, high-value goods — it remains the Brand's property, and you will return it in the condition you received it, by the date stated, at the Brand's cost.
11.1 Your Code or Link. Where a Collaboration includes affiliate participation, we issue you a unique code or tracking link. It is personal to you. Do not share it with other creators, and do not let anyone else use it.
11.2 Where You May Post It. You may share your code or link on your own social accounts, in your own content, and with your own audience. Unless the Offer expressly permits it, you may not post it to coupon, deal, or discount-aggregator sites, run paid search or paid social ads against the Brand's name or trademarks, use it in spam or unsolicited messaging, or place it anywhere designed to capture existing customers rather than bring new ones.
11.3 How Commission Is Earned. Commission is earned on qualifying sales attributed to your code or link under the tracking method and attribution window stated in the Offer. Attribution depends on third-party platform and browser behaviour, and tracking is imperfect. We do not guarantee that every sale you influence will be attributed to you.
11.4 What Does Not Qualify. Commission is not earned on canceled, refunded, returned, fraudulent, or chargeback orders, on your own purchases, or on orders placed through any method prohibited by Section 11.2. We may reverse commission already credited for any of these.
11.5 Payment Timing. Commission is calculated and paid on the schedule in the Offer, after the applicable return window closes. Where the Offer is silent, commission is paid monthly in arrears for the preceding month, subject to a minimum payout threshold stated in the Offer.
11.6 Records. Reporting available to you in your Collaboration Hub is the record of your commission. Raise any discrepancy within sixty (60) days of the period in question.
11.7 After the Collaboration Ends. Unless the Offer says otherwise, your code or link is deactivated when the Collaboration ends, and no commission accrues afterwards. Commission properly earned before deactivation remains payable.
12.1 The Default Is No Exclusivity. You are free to work with anyone, including the Brand's competitors, unless an Offer expressly states otherwise and you accept it.
12.2 Where Exclusivity Applies. An Offer imposing exclusivity must state the category it covers, the duration, and the territory. Exclusivity is limited to what the Offer says, is compensated as part of that Offer, and does not extend beyond its stated end date.
12.3 Conflicting Content. Even without exclusivity, do not feature a directly competing product in the same Post as the Collaboration Content, and do not publish Collaboration Content alongside a competitor's paid promotion on the same day unless the Offer permits it.
13.1 What Is Confidential. The terms of every Collaboration are confidential, whatever its type — gifted, hybrid, or paid. That includes: any fee, commission rate, or bonus; the value or quantity of product or access; usage, exclusivity, or other special terms; and the Offer itself.
13.2 Your Side. You will not disclose those terms to the Promoted Brand, to any other creator, to any agency other than your own representative, or publicly.
13.3 Our Side. We will not disclose your rate or deal terms to the Promoted Brand, to other creators, or publicly. The brand pays us; it does not see what we pay you. We disclose your terms only to our own personnel, advisers, and payment and tax providers who need them, and as law requires.
13.4 The Brand's Side. Our clients agree, in their own contract with us, not to ask you what we pay you. If a brand asks, you may decline, and we'd appreciate you telling us.
13.5 Why. Terms vary legitimately between creators, campaigns, categories, and deal types. Comparing them across a campaign damages working relationships between creators and between everyone and the brand.
13.6 What You May Always Do. Nothing in this Section stops you from: telling your lawyer, accountant, tax adviser, agent, or manager, in confidence; disclosing as required by law, regulation, or court order; discussing your own pay or working conditions where a law protects your right to do so; reporting suspected unlawful conduct to a regulator; disclosing that a post is sponsored, which Section 9 requires; or giving an honest opinion about a product.
13.7 Your Own Rates. This Section does not stop you setting your own rates or telling any brand what you charge for your own separate, direct work with them. It covers only the terms of Collaborations through ViralBrand.
13.8 If This Is Breached. Breach of this Section by you is grounds for removal under Section 15. Breach by us entitles you to your remedies under Section 20. Either way, earned Compensation remains payable (Section 15.5).
14.1 Written Terms Before You Work. Before you begin work on any paid Collaboration, we will give you a written Offer stating: the parties, an itemized description of the deliverables, the rate and total Compensation, the method of payment, and the date payment is due or the mechanism by which that date is determined. You may keep a copy, and we retain one.
14.2 When We Pay. We pay by the date stated in the Offer. Where the Offer does not state a date, we pay within thirty (30) days of your completing the deliverables. We do not require you to accept less than the agreed amount as a condition of being paid on time.
14.3 No Reduction for Prompt Payment. Once you have begun work, we will not condition timely payment on your acceptance of reduced Compensation, on your agreement to additional deliverables not in the Offer, or on your waiver of any right.
14.4 No Retaliation. We will not deny you future Collaborations, remove you from our network, penalize you, or take any other adverse action because you asked to be paid, exercised a right under this Section, or made a complaint to a regulator or court about payment. If you believe this has happened, write to us at the address in Section 25.5 and we will review it.
14.5 If We Cancel a Paid Collaboration. Where we cancel a paid Collaboration after you have begun work but before publication, we will pay you for work actually performed on a proportionate basis, and in any event not less than any kill fee stated in the Offer.
14.6 Deductions. We may set off against Compensation only amounts you actually owe us, and only where we have told you in writing what and why. We do not deduct for outcomes outside your control, including reach, engagement, or sales performance.
14.7 Your Statutory Rights Are Preserved. Several jurisdictions give freelance workers specific, non-waivable protections — including California's Freelance Worker Protection Act, New York's Freelance Isn't Free Act, the Illinois Freelance Worker Protection Act, and the Los Angeles Freelance Worker Protection Ordinance. Nothing in these Creator Terms waives, limits, or shortens any right you have under those or any similar law, including any right to a written contract, to timely payment, to statutory damages or penalties, to attorneys' fees, or to bring a claim before a government agency. Where any provision of these Creator Terms conflicts with such a law as it applies to you, that law controls and the provision is modified to the minimum extent necessary to comply. This Section prevails over Section 24 (Dispute Resolution) to the extent of any conflict.
14.8 Payment Method and Information. We pay by the method stated in the Offer. You are responsible for giving us accurate payment and tax information, and we may withhold payment until we have valid details and any required tax form. Payment processor fees, currency conversion, and bank charges are as stated in the Offer.
15.1 Professional Conduct. While taking part in a Collaboration, and at any ViralBrand event, studio, or facility, you will behave professionally and lawfully, will treat ViralBrand personnel, Brand personnel, other creators, and venue staff with respect, and will comply with venue and facility rules.
15.2 Removal for Conduct. We may remove you from a current Collaboration, decline you for future Collaborations, and terminate these Creator Terms, on written notice, where you:
(a) engage in conduct that is unlawful, violent, or harassing;
(b) publish or endorse content that is hateful, discriminatory, or that targets a person or group on the basis of a protected characteristic;
(c) engage in conduct that would reasonably be expected to bring the Brand or ViralBrand into public disrepute, or that materially damages the reputation of either;
(d) misrepresent your audience, your metrics, your identity, or your experience with a Product;
(e) breach Section 8 (AI and Synthetic Media), Section 9 (Disclosure), Section 11.2 (affiliate conduct), or Section 17 (Confidentiality); or
(f) engage in fraud, including artificially inflating engagement or attribution.
15.3 This Applies Off-Platform. Conduct under Section 15.2(a) to (c) may be grounds for removal whether or not it relates to the Collaboration and whether or not it occurred on social media.
15.4 Judged Fairly. We will apply Section 15.2 in good faith and on the basis of conduct, not viewpoint. Lawful expression of political, religious, or personal opinion is not by itself grounds for removal, though a Brand may decline to work with you further, as is its right.
15.5 You Keep What You Earned. Where we remove you under this Section, Compensation you have already earned for deliverables actually completed remains payable, and we will pay it on the normal timeline. We may withhold Compensation only for deliverables not completed, or where the breach is fraud under Section 15.2(f) and relates to the deliverable in question. This Section does not limit any other remedy.
15.6 Your Right to Leave. You may withdraw from any Collaboration at any time by telling us in writing. Where you withdraw from a paid Collaboration after accepting it, you will return any Compensation paid in advance for deliverables you will not complete, and will return or pay for any loaned item. Nothing obliges you to publish content you no longer wish to publish.
16.1 We Guarantee You Nothing. We do not guarantee that you will be selected, sent Product, offered a paid Collaboration, featured, renewed, or that any Collaboration will generate reach, engagement, sales, or commission for you.
16.2 You Guarantee Us Nothing on Performance. Except where a paid Offer specifies deliverables, we do not require any particular reach, engagement, or sales outcome from you. You are responsible for delivering what the Offer says, not for how it performs.
16.3 Platform Risk. Neither party is responsible for platform outages, algorithm changes, account suspensions, content takedowns, or shadowbanning.
17.1 What Is Confidential. You may receive unreleased product information, launch dates, pricing, campaign plans, briefs, assets, and Brand business information. Keep it confidential, use it only for the Collaboration, and do not disclose or post it until the Brand has made it public.
17.2 Embargoes. Where an Offer states an embargo date or launch time, do not publish before it.
17.3 What Is Not Confidential. Information that is public through no fault of yours, that you already knew, or that you develop independently. Nothing here prevents disclosure required by law, or the disclosures permitted at Section 13.6.
17.4 Duration. Confidentiality lasts for two (2) years after the Collaboration ends, or until the information becomes public, whichever comes first.
18.1 Our Privacy Policy Governs. How we collect, use, keep, and protect your personal information, and your rights over it, are set out in the LaunchPreneur Privacy Policy at viralbrand.com/privacy, which forms part of these Creator Terms. This Section covers only the points you need to agree to as a creator.
18.2 What Brands See, and When — Read This One.
(a) Before you opt in. A brand working with us may see professional information about you inside our platform — handle, platform, category, audience metrics, and our scores. It does not see your email or phone number, and it cannot download, export, or keep anything.
(b) When you opt in to a brand's campaign. That brand can see your profile and contact details inside our platform for the duration of its engagement with us. It still cannot download or keep them.
(c) When you publish for a brand. We give that brand your name or handle, the platforms you published on, your contact details, and the dates and nature of your participation, for it to keep. It may contact you directly afterwards about working together again, without going through us and without paying us anything. By publishing in a Collaboration, you consent to that.
(d) Everything else stays with us. Brands never receive our wider creator database, our scores to keep, or the details of creators who did not publish for them.
18.3 We Don't Sell Your Data. We do not sell your personal information, and we do not share it for cross-context behavioural advertising.
18.4 Your Rights and How to Reach Us. To access, correct, or delete your information, to opt out of scoring, or to ask anything about your data, email [email protected] with "Privacy" in the subject line. Deleting your record does not withdraw the content license at Section 5, and does not require a brand you have already published for to delete what it holds — ask that brand directly.
18.5 Messages From Us. By opting in you agree we may contact you by email and text about Collaborations. Message and data rates may apply. Reply STOP or use the unsubscribe link at any time. We will still send messages needed to run a Collaboration you are actively part of.
You represent and warrant, each time you take part in a Collaboration, that:
19.1 you are 18 or older and can enter this agreement;
19.2 you own or control the accounts you present, and your stated metrics are accurate and not artificially inflated;
19.3 you own or have licensed everything in your Content, sufficient for every use licensed at Section 5.2, including paid advertising and perpetual use;
19.4 you have consent from every person appearing in your Content;
19.5 your Content is your own genuine work and complies with Section 8;
19.6 your Content is truthful, is not defamatory, does not infringe any third party's rights, and does not violate any law;
19.7 you will disclose your material connection on every Post as required by Section 9;
19.8 you are not subject to any agreement that prevents you from taking part; and
19.9 you are not on any government sanctions or restricted-party list.
20.1 Your Indemnity. You will indemnify and hold harmless ViralBrand, the Promoted Brand, and their respective officers, employees, and contractors against third-party claims, and reasonable costs of defending them, arising from: your breach of Sections 5.6, 5.7, 8, 9, or 19; your Content; your conduct; or your misuse of a Product. This indemnity is limited to the greater of (a) the total Compensation and fair market value of Product you received in connection with the Collaboration giving rise to the claim, or (b) $5,000 — except in the case of your fraud, willful misconduct, or knowing infringement, where it is uncapped.
20.2 Our Liability to You. Our total liability to you for any claim is limited to the Compensation payable to you for the Collaboration in question, or, for a gifted Collaboration, the fair market value of the Product. We are not liable for indirect or consequential loss, including lost followers, lost opportunities, or lost future earnings.
20.3 Brand Responsibility. The Brand is responsible for its Product and for claims arising from it. ViralBrand does not manufacture, inspect, or warrant any Product.
20.4 As Is. Except as expressly stated, everything we provide is provided "as is."
20.5 Nothing Excluded That Cannot Be. Nothing in this Section limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
21.1 Third-Party Beneficiary. The Promoted Brand is an intended third-party beneficiary of, and may directly enforce against you, Section 5 (Content License), Section 6 (Name, Image, Likeness), Section 8 (AI and Synthetic Media), Section 9 (Disclosure), Section 17 (Confidentiality), Section 19 (Warranties), and Section 20.1 (Indemnity).
21.2 Nothing Else. The Brand has no other rights under these Creator Terms, is not a party to them, and may not vary them. Your relationship for payment, scheduling, and everything else is with ViralBrand.
21.3 Your Rights Against Us. Section 8.4 (our commitment not to create synthetic versions of you) is enforceable by you against ViralBrand and, as an intended beneficiary obligation we impose on Brands, against the Brand.
22.1 Term. These Creator Terms apply from your acceptance and continue while you remain in our network.
22.2 You May Leave. You may leave at any time by writing to us. Leaving ends future Collaborations. It does not end a Collaboration in progress unless you also withdraw under Section 15.6.
22.3 We May End It. We may end your participation at any time on written notice, or immediately under Section 15.2.
22.4 What Survives. Sections 5 (Content License), 6, 7, 8.4, 11.7 (earned commission), 13, 14 (as to amounts owed and Section 14.7), 15.5, 17, 18, 19, 20, 21, 24, and 25 survive termination.
23.1 We May Update Them. We may update these Creator Terms. The version that applies to any Collaboration is the version published at the time you accepted that Collaboration.
23.2 Material Changes. For material changes, we will give notice by email or through the Collaboration Hub at least thirty (30) days before they take effect. Continuing to take part after that date means you accept them. If you do not accept them, you may leave under Section 22.2, and the prior version governs Collaborations you had already accepted.
23.3 Archive. We keep prior versions for seven (7) years and will provide any version on request.
24.1 Talk to Us First. Before starting any formal proceeding, write to us at the address in Section 25.5 describing the problem and what you want. We will respond within thirty (30) days and will try in good faith to resolve it. Most things are resolved here.
24.2 Small Claims. Either of us may bring an individual claim in small claims court instead of arbitration, where it qualifies.
24.3 Arbitration. Subject to Sections 14.7, 24.2, and 24.6, any dispute arising out of or relating to these Creator Terms that is not resolved under Section 24.1 will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, before a single arbitrator, seated in Wilmington, Delaware. The arbitrator may award any relief a court could award to you individually.
24.4 Where You Can Appear. Where the amount in dispute is under $25,000, you may elect that the arbitration be conducted by documents only, by telephone, or by video, at your choice, and you need not travel. Where you elect an in-person hearing, it may be held in the county where you live.
24.5 Costs. We will pay all AAA filing, administrative, and arbitrator fees for any claim you bring for under $25,000, other than a claim the arbitrator finds frivolous. Each party otherwise bears its own costs, unless the arbitrator or applicable law awards costs or fees.
24.6 Class Action Waiver. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. This waiver does not apply to any claim that cannot be waived by law, including any representative claim that applicable law permits you to bring, and does not limit your right to bring a claim before, or participate in a proceeding brought by, a government agency. If the class action waiver is found unenforceable as to a particular claim, that claim proceeds in court and the remainder stays in arbitration.
24.7 Governing Law. Delaware law governs, without regard to conflicts principles, except that the law of your home jurisdiction governs to the extent it gives you rights that cannot be waived.
24.8 Injunctive Relief. Either party may seek injunctive relief in court to protect intellectual property or confidential information.
25.1 Whole Agreement. These Creator Terms, together with the Offer and any applicable Annex, are the whole agreement between us on this subject.
25.2 Severability. If any provision is unenforceable, the rest continues, and the provision is narrowed to the minimum extent needed to make it enforceable.
25.3 No Waiver. If we do not enforce something, that is not a waiver of it.
25.4 Assignment. You may not assign these Creator Terms. We may assign them to an affiliate or successor, including a successor to a division of our business.
25.5 Notices. Write to us at [email protected], or LaunchPreneur, Inc., 284 East Lake Mead Parkway, Suite C160, Henderson, Nevada 89015. We will write to you at the email address on your account.
25.6 Language. These Creator Terms are in English, and the English version controls.
Applies where you attend the ViralBrand Gifting Suite, a ViralBrand event, or a ViralBrand studio.
A.1 Taking Product. You choose freely what you take. Taking a Product does not obligate you to post about it. We may ask, and many creators do, but it is your decision.
A.2 If You Do Post. Anything you publish about a Product taken from the Suite is Collaboration Content, and Sections 5, 6, 8, and 9 apply, including the disclosure requirement.
A.3 Content We Shoot. Our production team photographs and films at the Suite, at events, and at our studios. You consent to being photographed, filmed, and recorded, and grant ViralBrand a perpetual, royalty-free, worldwide license to use that footage, and your name, handle, and likeness within it, in ViralBrand's content, marketing, press, and broadcast programming, and to license it to the Brands whose Products appear. Section 6.2 continues to limit standalone endorsement use.
A.4 You Can Say No. Tell the crew or any ViralBrand staff member if you do not want to be filmed, and we will not film you. If you have been filmed and change your mind, write to us and we will remove you from material not yet published.
A.5 Attendance. Attend at your own risk, comply with all studio and venue rules including security and credentialing, and behave in accordance with Section 15. We may ask you to leave.
A.6 Press. Press attend our events. We do not name any creator or celebrity in press materials without consent.
A.7 No Exclusivity. Attending creates no exclusivity with any Brand present.
Applies where you receive a cash fee.
B.1 The Offer Governs. Your deliverables, fee, usage period for paid media beyond the license at Section 5.2, exclusivity, posting windows, and approval process are in the Offer.
B.2 Approvals and Revisions. The Brand may review drafts before publication. The Offer states how many rounds of revision are included. Revisions beyond that are chargeable by you.
B.3 Do Not Publish Until Approved. Where the Offer requires approval, do not publish until you have it in writing.
B.4 Minimum Live Period. Unless the Offer says otherwise, keep each paid Post live for at least ninety (90) days. Tell us before removing it earlier.
B.5 Payment. Section 14 governs. Where the Offer states milestones, payment follows them.
B.6 Contracting Party. ViralBrand contracts with you as principal, in its own name. Your agreement is with ViralBrand. What ViralBrand charges the Brand is ViralBrand's own commercial matter, and Section 13 applies.
B.7 Separate Talent Agreements. Celebrity and some professional-creator partnerships are papered on a separate talent agreement. Where one is signed, it controls for that partnership, and these Creator Terms apply to anything it does not cover.
B.8 Non-Delivery. Where you accept a paid Offer and do not deliver, we may recover Compensation paid in advance for undelivered work. Section 15.5 protects what you have actually completed.
Applies where you receive a code, link, or ongoing ambassador role.
C.1 Section 11 Governs Codes and Commission.
C.2 Ambassador Roles. An ambassador arrangement is ongoing and is set out in its own Offer, including term, deliverables, cadence, compensation, and any exclusivity.
C.3 Your Audience Comes First. Do not spam, do not mass-DM, and do not misrepresent a discount or offer.
C.4 Tax. Commission is income. Section 3.3 applies.
C.5 Program Changes. Commission rates, attribution windows, and program terms may change prospectively on thirty (30) days' notice. Changes do not affect commission already earned.
Applies where a Collaboration promotes alcohol, supplements, health or wellness products, financial or legal services, cannabis where lawful, gambling, firearms, or any other regulated category.
D.1 Extra Rules Apply. Regulated categories carry additional advertising rules. The brief will set out required disclaimers, prohibited claims, age-gating, and any geographic restrictions. Follow them exactly.
D.2 Say Only What Is in the Brief. Do not improvise claims about health outcomes, earnings, legal results, treatment, or financial performance. Do not present yourself as qualified to give medical, legal, or financial advice unless you are, and the brief permits it.
D.3 Age-Gating. Where the brief requires audience age-gating or platform age controls, apply them before publishing.
D.4 Your Own Eligibility. Do not accept a regulated Collaboration where your participation would breach a professional license, code of conduct, or other obligation you are under.
D.5 Alcohol and Age-Restricted Product. Do not feature any person who appears under the legal age, do not depict excessive consumption, and comply with all category codes stated in the brief.
End of Creator Terms & Conditions.