Preamble

These Creator Collaboration Terms and Conditions (the “Terms”) govern your participation in any campaign, collaboration, or activation facilitated by LaunchPreneur, Inc., a Delaware corporation, doing business as ViralBrand and as The McCord List (collectively, “ViralBrand,” “we,” “us,” or “our”). LaunchPreneur, Inc. is registered in the State of Delaware and conducts business in Nevada and California.

By submitting an RSVP, application, opt-in, or any other affirmative indication of acceptance, or by participating in any campaign or collaboration facilitated by ViralBrand, you (“Creator,” “Influencer,” “Licensor,” or “you”) agree to be bound by these Terms, including any Category-Specific Annex that applies to a campaign in which you participate. If you do not agree, do not participate.

ViralBrand operates the creator-affiliate networks for the brands, agencies, and other entities that have engaged ViralBrand to do so. Each of those entities is referred to as a “Client”, and the brand featured in any given campaign is the “Promoted Brand”. By accepting these Terms, you are agreeing to a single, unified framework that applies to every campaign you join through ViralBrand, regardless of which Client’s campaign is featured. This agreement extends to each Client whose campaigns you participate in through ViralBrand, as if you had signed an affiliate agreement directly with that Client. You are not required to sign a separate affiliate or collaboration agreement with each Client; these Terms are that agreement.

Structure of these Terms. Part I (the Master Terms) applies to every campaign. Part II contains Category-Specific Annexes that apply only when a campaign falls within the relevant category. The applicable Annex(es) for a given campaign will be identified in the campaign brief or invitation. Where an Annex conflicts with the Master Terms, the Annex controls for that campaign only.

IMPORTANT — THESE TERMS CHANGE.  ViralBrand updates these Terms from time to time to reflect changes in law, platform policy, our business, or the categories of brands we represent. The current version is always posted at https://viralbrand.com/influencertermsandconditions. It is your responsibility to review the current Terms before participating in each campaign. Participation in any campaign after a change to these Terms constitutes acceptance of the updated Terms. If you do not agree to a change, your sole remedy is to decline future campaigns.

Part I — Master Terms

1. Parties and Acceptance

1.1 Parties. These Terms are between you and LaunchPreneur, Inc., a Delaware corporation operating under the trade names ViralBrand and The McCord List. ViralBrand operates creator-affiliate networks on behalf of the brands, agencies, and other entities that have engaged ViralBrand to do so (each, a “Client”). The brand featured in any given campaign is referred to in these Terms as a “Promoted Brand,” and the Promoted Brand for any campaign will always be a Client (or a brand acting on behalf of a Client).

1.2 Acceptance. You accept these Terms by (a) submitting an RSVP, application, or opt-in to any campaign; (b) signing a campaign brief that references these Terms; or (c) participating in or being compensated for any collaboration facilitated by ViralBrand. Each form of acceptance constitutes a legally binding agreement.

1.3 Eligibility. You represent that you are at least 18 years old (or, if your account is operated by a parent or legal guardian, that the parent or legal guardian accepts these Terms on your behalf and assumes all obligations), that you have full authority to enter into this agreement, and that you are not bound by any other contract or obligation that would prevent you from performing under these Terms.

1.4 Campaign Briefs. Each campaign in which you participate will be governed by a campaign brief that incorporates these Terms by reference. The campaign brief will identify (i) the Promoted Brand, (ii) deliverables, (iii) compensation, (iv) timeline, and (v) any applicable Category-Specific Annex. The campaign brief and these Terms together constitute the complete agreement for that campaign.

1.5 Affirmative Acknowledgment. At sign-up and at the point of participation in each campaign, you will be presented with an affirmative checkbox acknowledgment in substantially the following form:

☐  I have read and agree to ViralBrand’s Creator Collaboration Terms and Conditions, including any Category-Specific Annex that applies to a campaign I join. I understand these Terms cover collaborations with ViralBrand and that this agreement extends to ViralBrand’s Clients (the brands ViralBrand represents) as if I had signed an affiliate agreement directly with each Client whose campaigns I participate in. I understand these Terms change periodically and that it is my responsibility to review the current version before participating in each campaign.

Your check of that box, or any equivalent affirmative acceptance mechanism ViralBrand may implement (including clickwrap on a sign-up form, a signature line on a campaign brief, or written email confirmation), constitutes your binding agreement to these Terms. You acknowledge that you have been given a full and meaningful opportunity to review these Terms before accepting them and that you do so freely and with informed consent.

1.6 Multi-Brand Structure — ViralBrand Operates Affiliate Networks on Behalf of Clients. ViralBrand operates the creator-affiliate networks for each Client that has engaged ViralBrand to do so under a separate written agreement (each, a “Client Engagement”). When you participate in a campaign for a Promoted Brand, you are participating in the affiliate network that ViralBrand operates on that Client’s behalf. By accepting these Terms, you agree that this agreement extends to and binds you in favor of each Client whose campaigns you participate in through ViralBrand, as if you had executed an affiliate agreement directly with that Client. These Terms, together with the applicable campaign brief and any Category-Specific Annex, constitute the affiliate and collaboration agreement between you and each such Client. You are not required to sign a separate affiliate, creator, or influencer agreement with any Client to participate in its campaigns through ViralBrand; these Terms are that agreement. Each Client may directly enforce these Terms in its own name to the same extent as ViralBrand.

2. Independent Contractor Status

2.1 Status. You are an independent contractor, not an employee, partner, joint venturer, or agent of ViralBrand or of any Promoted Brand. Nothing in these Terms creates an employment relationship.

2.2 No Authority to Bind. You have no authority to make any representation, warranty, contract, or commitment on behalf of ViralBrand or any Promoted Brand. Statements you make about a Promoted Brand are your own and not those of ViralBrand or the Promoted Brand.

2.3 Taxes and Benefits. You are solely responsible for all taxes, withholdings, social security contributions, insurance, and benefits arising from compensation paid under these Terms. You are not entitled to any employee benefits.

3. Campaign Selection and Confidentiality

3.1 Opt-In Only. All campaigns are opt-in. Participation is at ViralBrand’s discretion based on fit, availability, audience composition, performance history, and Promoted Brand requirements. Acceptance of an application or RSVP is not guaranteed.

3.2 Confidentiality. You agree to keep the following strictly confidential and not to disclose to any third party (other than your legal, tax, or financial advisors bound by confidentiality obligations): (a) campaign rates, compensation amounts, and payment terms; (b) creative briefs, draft creative, and pre-publication content; (c) Promoted Brand strategy, plans, or non-public information; (d) the identity of other creators participating in a campaign; and (e) any other information designated as confidential.

3.3 Direct Contact. You agree to direct all campaign-related questions, concerns, and communications to ViralBrand, and not directly to the Promoted Brand or its representatives, unless ViralBrand expressly authorizes direct contact.

3.4 Survival. Confidentiality obligations survive termination of these Terms for a period of two (2) years, except that trade secrets remain confidential indefinitely.

4. Content License and Intellectual Property

4.1 Definition of Content. “Content” means any photograph, video, written copy, audio, livestream, story, post, caption, or other creative material that you create, produce, publish, share, or contribute in connection with a campaign facilitated by ViralBrand, in any medium or format, whether finished, in-progress, or behind-the-scenes.

4.2 Grant of License. You grant to ViralBrand and to each Promoted Brand a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, edit, adapt, modify, translate, distribute, publicly perform, publicly display, create derivative works of, and otherwise exploit the Content, in any and all media now known or hereafter developed, for any commercial or non-commercial purpose, including without limitation:

•        organic and paid social media on any platform;

•        the Promoted Brand’s and ViralBrand’s owned digital channels (websites, email, mobile apps, and member portals);

•        paid advertising in any medium, including digital, programmatic, connected TV, broadcast, print, and out-of-home;

•        point-of-sale, retail, packaging, and in-store marketing;

•        press, public relations, case studies, sales decks, conference materials, and portfolio use;

•        training, research, and the development of marketing materials and creative concepts; and

•        any other lawful marketing, promotional, or commercial use that ViralBrand or a Promoted Brand may identify, now or in the future.

4.3 In Perpetuity. The license granted in Section 4.2 is perpetual and survives any termination of these Terms or of any individual campaign. ViralBrand and each Promoted Brand may continue to use the Content forever, in any of the ways described above, without further notice to you and without any additional compensation. This is a deliberate and material element of every collaboration facilitated through ViralBrand, and you acknowledge that compensation paid for any campaign reflects this perpetual grant.

4.4 Sublicensing. ViralBrand and Promoted Brands may sublicense any of the rights granted in this Section 4 to their affiliates, agencies, vendors, retail and distribution partners, media partners, and successors, in each case on the same terms as the original grant.

4.5 Scope of Grant — What You Are Licensing. The license extends to all Content that you (a) created yourself or (b) lawfully obtained and have full authority to license. It does not extend to third-party content that you do not own or are not authorized to license (for example, copyrighted music you do not have a sync license for, footage you reshared without rights, or imagery owned by another creator). You are responsible for clearing all third-party elements within your Content before publishing, and the representations in Section 5 confirm that you have done so.

4.6 Promoted Brand IP. Logos, trademarks, product imagery, brand assets, and other intellectual property of any Promoted Brand remain the sole property of that Promoted Brand. The campaign brief identifies any Promoted Brand IP licensed to you for use, and that license is limited to the duration and purpose of the campaign unless the campaign brief expressly states otherwise. You receive no other right to use Promoted Brand IP.

4.7 Moral Rights. To the extent permitted by applicable law, you waive, and agree not to assert, any moral rights or similar rights of authorship, attribution, integrity, or association in the Content, with respect to the uses contemplated by this Section 4.

4.8 Acknowledgment of Value. You acknowledge that the perpetual, royalty-free nature of this license is a fundamental part of what makes campaigns through ViralBrand efficient and scalable for our clients, that the compensation paid for any campaign reflects this license, and that you would not be invited to participate in campaigns on different licensing terms unless the campaign brief expressly so provides.

5. Representations and Warranties

5.1 By Creator. You represent and warrant that:

•        (a) you own or have lawfully licensed all rights to the Content and to all elements within it (including music, footage, photography, and likeness of any person depicted);

•        (b) you have obtained all necessary releases and consents from any individual appearing in the Content, including written parental or guardian consent for any minor depicted;

•        (c) the Content does not and will not infringe, misappropriate, or violate any copyright, trademark, right of publicity, right of privacy, or other right of any third party;

•        (d) the Content does not contain any false, defamatory, deceptive, or unlawful material;

•        (e) you will comply with all applicable laws, regulations, platform rules, and the requirements set forth in these Terms and any applicable Annex;

•        (f) you have not been paid or induced by any party other than ViralBrand to make any statement in the Content, and there are no undisclosed material connections affecting the Content; and

•        (g) any opinions expressed in the Content reflect your honest views and any depicted experiences are bona fide.

5.2 By ViralBrand. ViralBrand represents and warrants that it has authority to grant the rights granted under these Terms with respect to any Promoted Brand assets it provides to you, and that any creative direction it provides will not be intended to require you to make a false or unlawful statement.

6. FTC Disclosure and Endorsement Compliance

6.1 Material Connection Disclosure. You agree to comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), as updated from time to time, and with the FTC’s 2023 amendments and any further FTC guidance. For every post created under any paid, gifted, or compensated arrangement, you will include a clear and conspicuous disclosure of the material connection to ViralBrand or the Promoted Brand.

6.2 Required Placement and Format. Disclosures must be:

•        (a) placed at the beginning of the caption or post text, above any “… more” truncation, where applicable;

•        (b) in the same language as the post;

•        (c) visible within the video frame (not only in captions) for video content, where applicable;

•        (d) expressed using clear terms such as #ad, #sponsored, or #partner. Vague terms such as #thanks, #partner-loving, #collab, or #sp alone are not sufficient; and

•        (e) not buried in a string of hashtags.

Platform tools such as Instagram’s “Paid Partnership” label, TikTok’s Branded Content disclosure, or YouTube’s paid promotion checkbox are useful but do not, by themselves, satisfy your disclosure obligation. Written hashtag disclosure remains required.

6.3 Honest and Bona Fide. All endorsements must reflect your honest opinion and bona fide experience. You will not state or imply that you have used a product or service if you have not. You will not exaggerate results, benefits, or outcomes.

6.4 Audit and Substantiation. ViralBrand may from time to time review your Content for compliance with this Section 6. You will respond promptly to compliance inquiries and will provide, on request, evidence supporting any factual claims you have made in the Content.

7. Platform Compliance

7.1 Platform Rules. You will comply with the published terms of service, community guidelines, and branded-content or paid-partnership policies of each platform on which you publish Content, including Meta (Facebook, Instagram), TikTok, YouTube, Snapchat, X, Pinterest, and any other platform used in a campaign.

7.2 Platform Tools. Where a platform offers a paid partnership or branded content tool, you agree to enable that tool in addition to providing a written disclosure under Section 6.

7.3 Account Eligibility. You represent that your accounts are in good standing on each platform, that your audience metrics are honest and not artificially inflated through purchased followers, bots, or engagement manipulation, and that you will not engage in any activity that violates platform rules in connection with a campaign.

8. Minors and COPPA

8.1 Creators Under 18. If you are under 18, you may participate only if (a) your account is operated by a parent or legal guardian, (b) the parent or legal guardian has read and accepted these Terms on your behalf, and (c) all compensation is paid to and managed by the parent or legal guardian. Additional protections under applicable state child-performer laws (including California’s Coogan Law where applicable) will be observed.

8.2 Minors in Content. You will not include any individual under 13 in the Content unless (a) you have obtained verifiable written parental consent in advance, (b) the depiction complies with the Children’s Online Privacy Protection Act (COPPA) and all applicable state privacy laws, and (c) ViralBrand has approved the inclusion in writing in advance.

8.3 Audience of Minors. If your audience is primarily under 18, you will not participate in any campaign for an age-restricted category (alcohol, tobacco/nicotine, cannabis, gambling, firearms, adult content, or other restricted categories) regardless of any other audience composition figures.

9. Content Removal and Takedown

9.1 Takedown on Request. You agree to remove, edit, or modify any Content within forty-eight (48) hours of a written request from ViralBrand, the Promoted Brand, or a platform. Where the request is based on a regulatory, compliance, legal, or platform-safety concern, you will act within two (2) hours of the request where reasonably possible, and in any event as quickly as practicable.

9.2 Rogue Posting. “Rogue Posting” means publishing Content without ViralBrand’s or the Promoted Brand’s required pre-publication approval where such approval is required by the campaign brief or applicable Annex. Rogue Posting is a material breach. ViralBrand may, at its option, (a) require immediate removal, (b) withhold or refund compensation, (c) suspend you from future campaigns, and (d) seek any other remedy available at law or in equity.

9.3 Reservation of Rights. ViralBrand and the Promoted Brand reserve the right to demand immediate removal of any Content at any time, with or without cause. Compensation already earned for a removed post will not be clawed back unless the removal was caused by your breach.

10. Audit and Record Retention

10.1 Records. You will retain copies of all Content (including original files, drafts, and final published versions) and all communications relating to a campaign for a period of at least two (2) years following the campaign end date. For campaigns governed by Annex C (Attorney Advertising), the retention period is the longer of two (2) years or the period required by applicable state bar rules.

10.2 Inspection. You agree that ViralBrand may, on reasonable notice, review your Content, analytics, and campaign-related communications for compliance with these Terms, regulatory requirements, and platform rules. You will cooperate in good faith with any such review.

11. Payment Terms and Tax Reporting

11.1 Compensation. Compensation, if any, will be specified in the campaign brief. Compensation may take the form of cash, product, experiential gifts, affiliate commission, ambassador retainer, or a combination, as specified in the brief.

11.2 Payment Schedule. Unless otherwise stated in the brief, cash compensation is paid within net 30 days of (a) successful publication of the Content as approved, and (b) receipt of a valid invoice and any required tax documentation. Payment will be made by ACH, wire, or platform payout.

11.3 Tax Documentation. U.S. creators must submit a current Form W-9 before payment. Non-U.S. creators must submit a current Form W-8BEN or W-8BEN-E. ViralBrand will issue Form 1099-NEC where required by law. You are responsible for all taxes on compensation received.

11.4 Sanctions and Compliance Screening. You represent that you are not located in, or a national of, any country or territory subject to comprehensive U.S. sanctions and that you are not on any U.S. or international restricted-party list. ViralBrand may withhold or terminate payment if compliance screening reveals an issue.

11.5 Reactivation and Pauses. If a campaign is paused at the Promoted Brand’s direction and later reactivated, compensation will resume per the campaign brief. ViralBrand owes no compensation for periods during which a campaign is paused or terminated.

12. Indemnification

12.1 Creator Indemnification. You will defend, indemnify, and hold harmless ViralBrand, the Promoted Brand, and each of their affiliates, officers, directors, employees, and agents from any third-party claim, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to (a) the Content (other than Promoted Brand materials provided to you for use), (b) your breach of these Terms, (c) your violation of any law, regulation, or platform rule, or (d) any statement or action by you outside the approved campaign brief that purports to be on behalf of ViralBrand or the Promoted Brand.

12.2 ViralBrand Indemnification. ViralBrand will defend, indemnify, and hold you harmless from any third-party claim, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of (a) materials provided to you by ViralBrand or the Promoted Brand for use in the Content, where you used such materials in compliance with the campaign brief, or (b) ViralBrand’s breach of these Terms.

12.3 Procedure. The indemnified party will (a) promptly notify the indemnifying party of any claim, (b) permit the indemnifying party to control the defense and settlement, provided that no settlement requiring an admission or payment by the indemnified party will be made without consent, and (c) reasonably cooperate in the defense at the indemnifying party’s expense.

13. Limitation of Liability

13.1 Cap. Except for (a) indemnification obligations, (b) breach of confidentiality, (c) breach of the IP representations in Section 5, or (d) willful misconduct, the total liability of ViralBrand to you under any campaign will not exceed the total compensation paid or payable to you for that campaign.

13.2 Excluded Damages. Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost goodwill, arising out of or relating to these Terms, even if advised of the possibility of such damages.

14. Termination

14.1 Termination for Convenience. Either party may terminate participation in a campaign at any time before publication by written notice. Compensation for a campaign terminated before publication will be prorated based on work completed and approved as of the termination date, at ViralBrand’s reasonable discretion.

14.2 Termination for Breach. ViralBrand may terminate these Terms and any active campaign, in whole or in part, immediately upon written notice of any material breach by you, including without limitation Rogue Posting, FTC non-compliance, breach of confidentiality, or violation of an applicable Annex.

14.3 Effect of Termination. On termination: (a) all unpublished Content must be deleted at ViralBrand’s request; (b) the license in Section 4 survives only with respect to Content already lawfully published; (c) confidentiality obligations survive; and (d) all indemnification obligations survive. Sections 4 (to the extent of survival), 5, 10, 12, 13, 14, 15, 16, 17, and 18 survive termination.

15. Modification of Terms

15.1 Updates. ViralBrand may update these Terms from time to time, including to reflect changes in law, regulation, platform policy, the categories of brands we represent, or our business. Updated Terms will be posted at https://viralbrand.com/influencertermsandconditions or its successor URL. You acknowledge that these Terms change periodically and that it is your responsibility to review the current version before participating in each campaign. The updated Terms apply to any campaign you accept after the effective date of the update.

15.2 Acceptance by Participation. Continued participation in any campaign after a change to these Terms constitutes your acceptance of the updated Terms. You acknowledge that ViralBrand is not obligated to provide individual notice of every update. The version posted at the URL above at the time you participate in a campaign is the version that applies to that campaign.

15.3 Material Changes. Where a change materially expands your obligations or materially reduces your rights, ViralBrand will use reasonable efforts to notify active creators by email or platform notice. If you do not agree to a material change, your sole remedy is to decline future campaigns. Material changes do not retroactively alter the terms of campaigns already completed.

16. Governing Law, Arbitration, and Class Action Waiver

16.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or any campaign, including the formation, interpretation, breach, or termination of these Terms (a “Dispute”), will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted by one (1) neutral arbitrator. The seat of arbitration will be Wilmington, Delaware, unless the parties agree in writing to a different seat. Hearings may be conducted by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver. YOU AND VIRALBRAND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION OR PROCEEDING. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding.

16.4 Exceptions. Notwithstanding Section 16.2, either party may (a) bring an individual claim in small claims court, and (b) seek temporary or preliminary injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or to enforce Section 9 (Content Removal).

16.5 30-Day Right to Opt Out. You may opt out of the arbitration and class waiver provisions in this Section 16 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Notice must include your full legal name, email, and a clear statement of intent to opt out. Opting out has no effect on any other provision of these Terms.

17. General Provisions

17.1 Entire Agreement. These Terms (including any applicable Annex) and the campaign brief constitute the entire agreement between you and ViralBrand with respect to a campaign and supersede all prior or contemporaneous agreements or understandings, written or oral.

17.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.

17.3 No Waiver. Failure to enforce any right or provision will not constitute a waiver of that right or provision.

17.4 Assignment. You may not assign these Terms without ViralBrand’s prior written consent. ViralBrand may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, labor disputes, internet or platform outages, or other force-majeure events.

17.6 Notices. Notices to ViralBrand must be sent to [email protected]. Notices to you will be sent to the email address you provided in your application.

17.7 Headings and Construction. Headings are for convenience only and do not affect interpretation. The words “including” and “include” are not limiting.

17.8 Direct Benefit and Enforceability by Clients. These Terms are made for the direct benefit of, and are directly enforceable by, each Client whose campaigns you participate in through ViralBrand. Each Client may enforce these Terms in its own name, to the same extent as ViralBrand, with respect to any provision that grants rights to it or imposes obligations on you for its benefit, including without limitation the content license in Section 4, the representations and warranties in Section 5, the FTC and platform compliance obligations in Sections 6 and 7, the takedown obligation in Section 9, the indemnification in Section 12, and any Category-Specific Annex that applies to a campaign involving that Client. Clients may enforce these provisions directly, without joining ViralBrand as a party, and may pursue any remedy available at law or in equity.

18. Legal Entity Statement

LaunchPreneur, Inc. is a corporation organized and existing under the laws of the State of Delaware. LaunchPreneur, Inc. conducts business under the trade names “ViralBrand” and “The McCord List” and operates in the States of Nevada and California. LaunchPreneur, Inc. d/b/a ViralBrand operates creator-affiliate networks on behalf of contracted Clients. These Terms are entered into by LaunchPreneur, Inc. as the contracting party, on its own behalf and on behalf of each Client whose campaigns you participate in through ViralBrand. References to “ViralBrand” or “The McCord List” in these Terms refer to LaunchPreneur, Inc. acting under those trade names.

Part II — Category-Specific Annexes

The following Annexes apply only when a campaign brief identifies the relevant category. Where multiple categories apply to a single campaign, multiple Annexes may apply, and the Creator must comply with all of them. Where an Annex conflicts with the Master Terms, the Annex controls for the relevant campaign only.

Annex A — Alcohol

Industry Codes. This Annex incorporates by reference the marketing and advertising standards of the Distilled Spirits Council of the United States (DISCUS) Code of Responsible Practices and the Beer Institute Advertising and Marketing Code. Where state or federal law (including TTB regulations) imposes stricter requirements than these codes, the stricter requirement controls.

A.1 Creator Eligibility.

•        You must be at least 21 years of age.

•        Your audience must consist of at least 73.8% individuals of legal drinking age. (Reflects current DISCUS / Beer Institute Code standard; verify current threshold at the time of campaign launch.)

•        Any individual depicted consuming or holding an alcoholic beverage in the Content must reasonably appear to be 25 years of age or older.

A.2 Prohibited Depictions.

•        Underage individuals consuming, holding, serving, or implied to be consuming alcohol.

•        Pregnant individuals consuming alcohol.

•        Excessive consumption, binge drinking, intoxication, or implied loss of control.

•        Multiple drinks simultaneously held or consumed by one person.

•        Drinking games, chugging, shots in rapid succession, or similar.

•        Driving, operating machinery, swimming, or other dangerous activity in association with alcohol.

•        Empty bottles, cans, or glasses in a context implying overconsumption.

•        Alcohol consumption associated with athletic performance, professional success, sexual success, social success, or personal problem-solving.

•        Any claim of therapeutic, health, nutritional, or sedative benefit.

A.3 Required Statements.

•        Where required by the campaign brief or the Promoted Brand, the Content must include a responsible drinking message (for example, “Drink responsibly” or “21+”).

A.4 Platform Age-Gating.

•        You will apply platform age-gating tools where available (e.g., Instagram age-restricted content settings) for alcohol-related posts.

Annex B — Tobacco, Nicotine, and Vape

Regulatory Framework. Tobacco, nicotine, and electronic nicotine delivery system (ENDS) advertising is subject to (a) the Federal Cigarette Labeling and Advertising Act, (b) the Family Smoking Prevention and Tobacco Control Act, (c) FDA regulations administered by the Center for Tobacco Products, (d) the Master Settlement Agreement (MSA) where applicable, (e) FTC endorsement rules, and (f) numerous state laws. Penalties for non-compliance are substantial and apply both to the brand and to its agents (including ViralBrand and the Creator).

B.1 Creator Eligibility.

•        You must be at least 21 years of age (federal Tobacco 21 law).

•        Your audience must consist of at least 85% individuals 21 years of age or older. (Industry best practice; the campaign brief may specify a higher threshold.)

•        Any individual depicted in the Content using a tobacco, nicotine, or vape product must reasonably appear to be at least 25 years of age.

B.2 Required Disclosures and Warnings.

•        The Content must include the FDA-required warning statement applicable to the product type (e.g., “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” for nicotine-containing products), in the format and prominence prescribed by FDA.

•        Disclosures must comply with the format requirements in Section 6 of the Master Terms, in addition to the FDA warning.

B.3 Absolute Prohibitions.

•        No claims, express or implied, of reduced harm, reduced risk, modified risk, health benefit, smoking-cessation effect, or therapeutic benefit, unless the product has FDA Modified Risk Tobacco Product authorization and the specific claim is within the scope of that authorization.

•        No targeting of, or content reasonably likely to appeal to, individuals under 21, including cartoons, mascots, candy or dessert flavors marketed in a youth-appealing way, schools, sports for minors, or youth-coded settings.

•        No depiction of minors at any time in tobacco, nicotine, or vape Content.

•        No depiction of athletic performance, social success, sexual attractiveness, or personal-problem solution attributable to product use.

•        No giveaways, sweepstakes, contests, free samples, or coupons in connection with tobacco, nicotine, or vape products in jurisdictions where such promotions are prohibited.

•        No paid placement or promotion of these products in any context involving minors, schools, religious institutions, or government property.

B.4 Platform-Specific Rules.

•        Meta, TikTok, and Snap currently prohibit paid tobacco and most vape advertising on their platforms. You may not run paid promotion of these products through platform ad tools; organic creator posts must still comply with platform community standards.

•        YouTube currently restricts tobacco-related advertising and applies age-restriction settings.

•        You agree to confirm the current rules of each platform before publishing and to comply with whichever rules are stricter.

B.5 Pre-Publication Review.

•        All Content for a tobacco, nicotine, or vape campaign requires written pre-publication approval from ViralBrand and the Promoted Brand. Publishing without approval is Rogue Posting under Section 9 of the Master Terms and triggers immediate compensation forfeiture.

Annex C — Attorney Advertising and Legal Services

Regulatory Framework. Attorney advertising is regulated by the rules of professional conduct of each state in which the attorney is licensed, including but not limited to California Rules of Professional Conduct 7.1–7.5 and California Business and Professions Code (including SB 37 amendments), Arizona Rules of Professional Conduct ER 7.1–7.5, Georgia Rules of Professional Conduct 7.1–7.5, and corresponding rules of other states. Lawyers and their agents (including ViralBrand and the Creator acting under the lawyer’s direction) are bound by these rules. State bar enforcement actions can target both the lawyer and the agent.

C.1 Required Disclosures and Identification.

•        The Content must identify the law firm by its formal name as required by applicable rule, either in the post caption or on a clearly linked landing page that satisfies the rule.

•        Where required by applicable rule, the named responsible attorney(s) per state must appear on a clearly linked landing page or in the post itself, with a bona fide office address.

•        Where the post uses an approved fee statement (such as “no fee unless we win”), the post or landing page must include any state-required verbatim disclaimer (including the Georgia disclaimer required under Georgia Rule 7.1 where the post may be viewed in Georgia).

C.2 Prohibited Statements.

•        No guarantee, prediction, or specific promise of outcome (e.g., “we’ll win,” “guaranteed recovery,” “you’ll get a settlement”).

•        No promises of immediate cash, quick settlement, or specific dollar recoveries.

•        No specific case results unless accompanied by the required prior-results disclaimer in the same medium (“Prior results do not guarantee a similar outcome. Every case is unique.”).

•        No claim that the firm or attorney is a “specialist,” “expert,” “best,” or “#1” unless certified by a state-recognized certifying body. Use compliant language such as “Accident and injury cases are all they do” rather than “specialists.”

•        No legal advice to followers in any post, caption, comment, reply, or DM. Refer all individuals with legal questions to the firm directly.

•        No solicitation of accident scenes, hospitals, ERs, or victims by direct contact.

C.3 Cooling-Off Period — Specific Incidents.

•        You will not, in connection with any law-firm Campaign, send a direct message, comment-reply, or other direct outreach to any individual known or reasonably believed to have been injured, or to family members of any deceased individual, within thirty (30) days of a known injury or wrongful death.

•        Campaigns tied to a specific recent incident, accident, or event require advance written approval from the Promoted Brand’s General Counsel.

C.4 Dramatization Disclosure.

•        Any depiction of an accident, injury, or legal scenario must include the disclaimer “Dramatization. Not an actual client or case” in the Content, visible to viewers.

C.5 Independent-Contractor Reality.

•        You are an independent contractor, not staff of the firm. The firm does not warrant your behavior; you do not warrant the firm’s. Both parties commit to due diligence: a comprehensive brief, written acceptance, pre-publication approval, and immediate takedown of any non-compliant post.

C.6 Record Retention.

•        You will retain all Content, drafts, and campaign-related communications for the longer of two (2) years or the period required by applicable state bar rules (currently two years in CA, AZ, and GA).

Annex D — Cannabis and CBD

Regulatory Framework. Cannabis (marijuana) and hemp-derived CBD products are subject to a complex matrix of federal, state, and platform rules. Cannabis remains a Schedule I substance under federal law. CBD products are regulated by the FDA and state law and may be subject to state-specific labeling, marketing, and age-restriction requirements. This Annex applies to any campaign promoting cannabis, CBD, hemp-derived products, or related accessories.

D.1 Creator Eligibility.

•        You must be at least 21 years of age.

•        Your audience must consist of at least 71.6% individuals 21 years of age or older, or such higher threshold as state law requires.

•        You may only participate from a state in which the product is legal.

D.2 Prohibited Claims.

•        No claims that the product treats, cures, prevents, mitigates, or diagnoses any disease or condition, unless supported by FDA-approved drug labeling for the specific product.

•        No specific health, therapeutic, or wellness benefit claims unrelated to FDA approval.

•        No targeting of minors. No depiction of minors. No youth-coded imagery, cartoons, or candy themes.

•        No driving, operating machinery, swimming, or other dangerous activity in association with the product.

D.3 Platform Compliance.

•        Meta, TikTok, YouTube, and most major platforms prohibit paid cannabis advertising. You may not run paid promotion through platform ad tools.

•        Organic posts must still comply with platform community standards and may be subject to removal.

Annex E — Health, Wellness, Supplements, and Pharma

Regulatory Framework. Health-related claims are regulated by the FDA (for foods, supplements, and drugs), the FTC (for advertising claims), and various state consumer-protection laws. This Annex applies to any campaign promoting dietary supplements, vitamins, functional foods, over-the-counter drugs, prescription drugs, medical devices, fitness equipment claiming health benefits, or wellness services.

E.1 Prohibited and Restricted Claims.

•        No claim that a dietary supplement or food product diagnoses, treats, cures, prevents, or mitigates any disease, unless the claim is an FDA-approved health claim or qualified health claim and is presented in the FDA-required form.

•        No “before/after” weight-loss or body-transformation claims without a clear and conspicuous disclosure that the results shown are not typical, the actual typical results, and any required clinical-substantiation disclosure.

•        No earnings claims, recovery-time claims, or specific outcome claims without substantiation.

•        No personal-testimonial “it cured me” or “it healed my [condition]” claims.

E.2 Required Disclosures.

•        Dietary supplement promotions must include the standard “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease” disclosure where required.

•        Prescription drug promotions are subject to FDA fair-balance requirements and must include the safety information mandated by the Promoted Brand.

E.3 Pre-Publication Review.

•        All Content for an Annex E campaign requires written pre-publication approval from ViralBrand and the Promoted Brand.

Annex F — Financial Services, Crypto, and Investment Advice

Regulatory Framework. Promotion of investment products, securities, brokerage services, lending, insurance, or cryptocurrency is regulated by the SEC, FINRA, the CFPB, the FTC, state financial regulators, and (where applicable) state insurance and lending regulators. Paid endorsements of securities (including cryptocurrencies that meet the securities definition) trigger specific SEC disclosure obligations under the federal securities laws (e.g., Section 17(b) of the Securities Act). This Annex applies to any campaign in this category.

F.1 Required Disclosures.

•        Every paid promotion of a security must clearly and prominently disclose the fact, source, and amount of compensation received, in compliance with Section 17(b) of the Securities Act of 1933.

•        Promotions must include any disclaimer or risk warning specified by the Promoted Brand or applicable regulator.

F.2 Prohibited Statements.

•        No statements that constitute investment advice or a recommendation to buy, sell, or hold any specific security, unless you are a properly licensed and registered investment professional and the campaign brief authorizes such statements.

•        No statements that guarantee returns, predict future performance, or promise specific outcomes.

•        No depictions of guaranteed wealth, get-rich-quick imagery, or earnings claims unsubstantiated by the Promoted Brand.

F.3 Pre-Publication Review.

•        All Content for an Annex F campaign requires written pre-publication approval from ViralBrand and the Promoted Brand.

Annex G — Gambling and Sports Betting

Regulatory Framework. Online gambling, sports betting, fantasy sports, and casino promotions are regulated state-by-state. Federal restrictions apply to certain interstate activities. Several states (including Massachusetts, New York, and others) have adopted specific influencer advertising rules for sports betting. This Annex applies to any campaign in this category.

G.1 Creator Eligibility.

•        You must be at least 21 years of age (or the legal gambling age in your state, if higher).

•        Your audience must consist of at least 80% individuals of legal gambling age, or such higher threshold as applicable state law requires.

•        You may only participate from a state in which the activity is legal.

G.2 Required Disclosures.

•        Every paid post must include a responsible gambling message and the National Council on Problem Gambling helpline (or the state-specific helpline where required): “If you or someone you know has a gambling problem, call 1-800-GAMBLER” or as specified by the Promoted Brand.

•        State-specific affiliate registration and disclosure requirements (e.g., New York, Massachusetts) must be observed.

G.3 Prohibited Content.

•        No targeting of minors or college students. No content reasonably likely to appeal to minors.

•        No promises of winnings, easy money, or guaranteed outcomes.

•        No statements that gambling is a solution to financial problems.

Annex H — Political and Issue Advocacy

Regulatory Framework. Paid political communications are regulated by the Federal Election Commission (FEC) for federal candidates and by state and local election commissions for state and local matters. This Annex applies to any paid campaign promoting a candidate, party, ballot measure, political action committee, or issue advocacy on behalf of a political sponsor.

H.1 Required Disclosures.

•        Every paid post must clearly disclose, within the Content itself (not only in a hashtag or fine print), the identity of the paying sponsor: “Paid for by [Sponsor Name].”

•        Disclosures must comply with applicable FEC and state-election-commission format rules.

•        Paid partnership labels must be enabled on platform tools where available.

H.2 Platform Rules.

•        Major platforms (Meta, TikTok, Google/YouTube, X) have specific political ad policies, including pre-authorization, identity verification, and ad library reporting requirements. You agree to comply with whichever rules apply to your post and to coordinate with ViralBrand on any platform-required authorization.

Annex I — Firearms and Ammunition

Regulatory Framework. Firearms-related advertising is restricted on most major social platforms and subject to federal (ATF), state, and local rules. This Annex applies to any campaign promoting firearms, ammunition, accessories, or related products.

I.1 Creator Eligibility.

•        You must be at least 21 years of age.

•        Your audience must consist of at least 80% individuals 21 years of age or older.

I.2 Prohibited Content.

•        No targeting of minors. No youth-coded imagery.

•        No depiction of unsafe handling, pointing at people, or unlawful use.

•        No sale or transfer of firearms or ammunition through the post or DMs.

I.3 Platform Rules.

•        Most major platforms prohibit paid firearms advertising. Organic posts must comply with platform community standards. The campaign brief will specify which platforms are approved.

Acknowledgment

By submitting an RSVP, application, or opt-in, signing a campaign brief, or otherwise participating in any campaign facilitated by ViralBrand, you acknowledge that you have read, understood, and agree to be bound by these Creator Collaboration Terms and Conditions, including any Category-Specific Annex that applies to the campaign in which you participate.

For questions about these Terms, contact: [email protected]

Current version of these Terms is available at: https://viralbrand.com/influencertermsandconditions