This is a draft under legal review and may change. Questions: support@collabs.so.
About this agreement
This Creator Agreement sets the standard terms between a Brand and a Creator for every campaign accepted through Collabs. When a Creator accepts a campaign, they agree to this Agreement and to the campaign terms shown with it (the “Campaign Terms”), such as deliverables, deadlines, commission and license length. If the Campaign Terms and this Agreement conflict, the Campaign Terms win.
Collabs provides the platform and keeps the record of what was accepted, but is not a party to this Agreement. Our Terms of Service also apply.
Creating content
- The Creator will make the videos described in the Campaign Terms and upload them to Collabs by the stated deadlines.
- The Brand may comment on and request changes to videos in Collabs. The Creator will make reasonable changes requested within the scope of the brief.
- A video is approved when the Brand marks it approved in Collabs. Only approved videos may be used under the license below.
Ownership and license
The Creator keeps ownership of their videos and may keep posting them on their own channels, unless the Campaign Terms say otherwise.
For each approved video, the Creator gives the Brand a worldwide, non-exclusive license to use, copy, edit (for example trim, crop, caption, resize, add music or a call to action) and publish the video, including as paid advertising on Meta platforms and as organic content on the Brand’s channels, website and emails. The license lasts for the period stated in the Campaign Terms. If none is stated, it lasts for 12 months from approval.
The Brand may run ads already live when the license ends until the end of their current flight, up to 30 days, and is not required to remove organic posts made during the license.
Partnership ads and creator handles
Running ads under the Creator’s own name or handle (often called partnership ads or whitelisting) needs a separate permission granted by the Creator through the ad platform. The Creator can withdraw that permission at any time through the platform. The Brand will use it only for approved videos and within the license period.
Commission and credits
- Commission, if any, is set by the Campaign Terms, including the rate, what it is calculated on, and how long it is earned.
- Collabs attributes new subscribers and their renewals to the Creator video that brought them in, using tracking links, ad IDs and the Brand’s Shopify orders. Orders that can’t be clearly matched go to the Brand for review rather than being assigned automatically.
- Amounts are reduced or reversed for orders that are refunded, cancelled or charged back, unless the Campaign Terms say otherwise.
- Until payouts are available in Collabs, the Service shows credited subscribers and renewals only, and any payment is made directly by the Brand under the Campaign Terms.
- No commission is owed for orders that are not attributed to the Creator, or that come from fraud or attribution manipulation.
Creator promises
The Creator promises that each video:
- is their original work, and they have all rights needed to grant the license, including releases from anyone who appears in it and licenses for any music, fonts or footage;
- reflects their honest opinion and real experience with the product, and makes no health, medical, results or other claims beyond those the Brand approved in the brief;
- follows the law and the platform’s rules, including clear disclosure that it is sponsored (for example #ad or the platform’s paid partnership label) whenever it is posted by the Creator;
- contains nothing unlawful, defamatory, hateful, sexually explicit or harmful to minors, and no other brand’s logos or products unless the brief allows it.
The Creator waives, to the extent the law allows, any moral rights that would stop the Brand from editing the video as allowed above.
Brand promises
The Brand will:
- Give accurate product information and approved claims in the brief, and take responsibility for the claims it approves.
- Use videos only as allowed by this Agreement and the Campaign Terms.
- Pay what is owed under the Campaign Terms on time.
- Not use a video in a way that suggests the Creator endorses something they did not.
Relationship
The Creator is an independent contractor, not an employee, partner or agent of the Brand or Collabs, and is responsible for their own taxes. Nothing in this Agreement is exclusive unless the Campaign Terms say so.
Confidentiality
Both sides will keep non-public information shared through the campaign confidential, including unreleased products, briefs, results and commission rates, unless it becomes public through no fault of their own.
Ending a campaign
Either side may end a campaign for the other’s material breach that is not fixed within 10 days of notice in Collabs or by email. If the Brand ends a campaign without cause, licenses for already-approved videos and commission already earned stay in place. If the Creator breaks the promises above, the Brand may stop using the affected videos and withhold commission on them.
Responsibility for claims
Each side will defend and compensate the other against third-party claims caused by its own breach of this Agreement: the Creator for claims about the rights in or content of their videos, and the Brand for claims about its products, approved claims and use of the videos outside this Agreement.