– Provide the creator with content requirements.

– Ensure the product or service is provided free of charge.

– Approve the participants in the campaign and the content created for the brand in a timely manner.

– Make timely payments for the content uploaded from the Spotfay platform.

– The brand will be charged upfront for each campaign it creates. More information about pricing and fees can be found on our pricing page at https://spotfay.com/pricing/.

– When creating a campaign for your brand, you warrant that you are an authorized user of the card or account (as applicable) and will pay the applicable fees, that the card details provided are current, correct, and complete, and that your card or account will cover the full amount of the fees. You must not provide or attempt to pay any fees using any fraudulent or unlawful means. Upon receipt of your request, we may perform a pre-check on your card or account (as applicable) to verify the details provided. Approval may not be granted until this pre-check is completed.

– You own the intellectual property rights to the content you purchase from the creators. You have the right to license the content to Spotfay and/or the creators.

To use the Spotfay platform, creators must meet the following criteria:

– Any individual must be 18 years or older to register a content creator account on the Spotfay platform.

– To participate in any campaign and earn from Spotfay, your social media accounts (including but not limited to Instagram, Facebook, and TikTok) must not contain any inappropriate, unethical, or disrespectful content, or content that violates these Terms of Service or the terms of use of the social media platform.

The content creator holds the following responsibilities:

– Provide accurate and up-to-date personal information, contact details, and social media account information. This includes Paypal or bank account information so that Spotfay can transfer earned profits.

– Ensure compliance with content requirements or other requirements provided in advance. Spotfay reserves the right to reject the creator’s work until the submitted requirements meet the required standards.

– Deliver content in a timely manner according to the pre-specified requirements.

– If a content creator does not meet the minimum standards, they may not be able to participate in the campaign or access the full benefits of the platform.

– Content must comply with the requirements outlined in the Terms of Service, as well as the requirements imposed by the brand and Spotfay at the time of submission for approval. The brand or Spotfay may reject content that does not meet this condition until all requirements are fulfilled.

– Content must not violate the privacy rights, contractual rights, or other rights (including intellectual property rights) of any individual, company, or entity.

– All statements made in the content regarding the use of the brand’s products or services must be accurate and reflect the creator’s honest opinion, whether or not the creator is being paid for the content. Spotfay should be informed immediately if the creator’s opinion expressed regarding the brand and its products changes.

Restrictions the content creator agrees not to engage in:

– Mocking, disparaging, or making any negative comments about the brand or its products and services in any way.

– Publishing posts or content that in any way diminishes or negatively affects the brand, its products, or its services.

The content creator acknowledges the above conditions to protect the interests of the brand and/or Spotfay and agrees that these Terms of Service are reasonable to safeguard the interests of the brand and Spotfay.

The following terms apply when a content creator produces content through brand campaigns on the platform:

– Once the content is delivered, the creator transfers to the brand all rights and ownership of the content created and uploaded to the platform by the content creator, without prior notice or the creator’s consent, or any additional compensation.

“Intellectual Property Rights” means all current or future intellectual property rights, including, but not limited to, copyright, performance rights, trademarks, trade names, domain names, goodwill, image rights, patents, designs, and similar rights, whether registered or registerable, and includes the right to apply for registration of these rights, anywhere in the world.

– The intellectual property rights granted to the brand by the content creator also include, but are not limited to:

– The right to modify and reformat the content or versions for use by the brand in the channels required by the brand.

– The brand’s right to use the creator’s identity and work performance to communicate the content to the public in all languages, across all channels, including but not limited to: paid online advertisements (including, for example, digital banners); across all owned online channels (including, but not limited to, Spotfay’s website); across all social media (including, but not limited to, the brand’s social media channels); in any other channels (including the internet, television, and radio) and in any earned media or public relations activities published by a third party (including, but not limited to, events and public or private conferences, print and/or digital media, and/or social media). Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.

– The right to use, share, comment on, and repost the content across all media, including social media, online or digital channels, or other communication media channels. Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.

– The content creator acknowledges and agrees that the brand will not be required to remove any content or part thereof or any comment, sharing, or reposting of the content on any social media, online, digital, or other communication media channels. Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.

– The content creator acknowledges and agrees that upon uploading the content to the platform, and after it has been accepted by the brand, the content and all intellectual property rights contained therein become irrevocably and immediately the property of the brand. This transfer is absolute, global, and unlimited for all uses and purposes, including, but not limited to, assigning the content to any other person or entity, licensing the content to any other person or entity, and making any modifications, improvements, or adjustments. The content creator agrees that upon request by Spotfay, they will execute and deliver all necessary information to enhance the brand’s ownership of all intellectual property rights in the content. The content creator waives any claims related to the content uploaded on the platform at the request of the brand or Spotfay. Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.

– The content creator acknowledges and agrees that the content may not be published on the content creator’s channels or otherwise distributed under any circumstances, including reposting or commenting on the content after it has been posted or shared by Spotfay or a brand. Upon uploading the content to the platform, the content creator irrevocably undertakes, without prior written consent from the brand, not to use, transfer, share, or publish the content or any part thereof.

– By uploading the content to the platform, and after its acceptance by the brand, the content creator grants the brand and its representatives an unconditional and irrevocable waiver of all moral rights in the content, to use, reproduce, publish, transmit, edit, alter, or modify the content, whether in whole or in part, and whether alone or in conjunction with any other material. Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.

– The brand grants Spotfay a free, perpetual, worldwide, irrevocable, non-exclusive license to use, edit, and reformat the content solely for the purpose of marketing and promoting Spotfay (and the products and services of Spotfay related to this agreement), without further notice or consent from the content creator or any additional compensation due to the creator. Under this license granted by the brand to Spotfay, the content created by the content creator and uploaded to the Spotfay platform may also be used in social media, advertisements, and other purposes related to Spotfay both inside and outside the Spotfay platform. Note: The brand cannot use the content for AI training purposes without obtaining permission from Spotfay.