Terms of Agreement for Influencers

Effective Date: 11/21/2024
Company: Midwest AI Solution Inc.
Product: CreatoRain Influencer Marketing Platform
Location: Illinois, USA

1. Agreement Overview

This Terms of Agreement (“Agreement”) is entered into by Midwest AI Solution Inc., operating as CreatoRain Influencer Marketing Platform (“CreatoRain”), and the influencer (“Influencer”). By registering on CreatoRain or engaging in campaigns, the Influencer agrees to the terms outlined in this document.

2. Scope of Services

  1. CreatoRain facilitates connections between Influencers and brands (“Clients”) for influencer marketing campaigns, including but not limited to product placements, sponsored posts, and brand promotions.
  2. Influencers agree to create and publish content according to campaign guidelines provided by CreatoRain and its Clients.

3. Eligibility

  1. nfluencers must be at least 18 years of age or have written consent from a legal guardian if between 16 and 18 years old. Proof of consent may be required.
  2. Influencers must provide accurate personal and professional information, including full legal name, contact information, and social media account details.

4. Campaign Guidelines

  1. Content Creation: Influencers must adhere to the campaign brief, which includes requirements for tone, format, hashtags, tags, and posting schedules.
  2. Approvals: CreatoRain reserves the right to review and approve content before publication. Non-compliance may result in the forfeiture of fees.
  3. Exclusivity: Influencers cannot promote competing brands within the same campaign or as specified in the brief.
  4. Compliance: All content must comply with Federal Trade Commission (FTC) guidelines, including proper disclosure of sponsored content (e.g., #Ad or #Sponsored).

5. Content Ownership and Usage Rights

  1. CreatoRain and its Clients may use the content created during campaigns for marketing purposes, including but not limited to social media, websites, and advertising, without additional compensation.
  2. The Influencer retains authorship rights but grants an unlimited, non-exclusive license to CreatoRain and its Clients for the duration of the campaign and beyond unless otherwise stated in writing.

6. Prohibited Actions

  1. Influencers may not:
    • Misrepresent follower counts, engagement metrics, or any other account-related data.
    • Purchase fake followers, likes, or engagement for campaigns.
    • Disseminate content with viruses, harmful scripts, or unauthorized modifications.
  2. Violations will result in immediate termination of the Agreement and possible legal action.

7. Payment and Compensation

    • Campaign Fees: Compensation, if applicable, will be detailed in the campaign brief. Payments will be made via direct deposit or other agreed methods.
    • Product Barter: If the campaign involves product-only compensation, the Influencer must adhere to all campaign requirements as outlined in the brief.
    • Tax Responsibility: The Influencer is solely responsible for reporting and paying applicable taxes on all earnings or products received.

  2. Violations will result in immediate termination of the Agreement and possible legal action.

8. Performance and Accountability

  1. Influencers must provide campaign performance metrics (e.g., impressions, engagement) within 5 business days of campaign completion.

  2. In cases of poor or non-performance (e.g., failure to meet posting deadlines, incorrect hashtags), CreatoRain reserves the right to:

    • Request corrections or additional posts.
    • Deduct fees from future payments or seek reimbursement for provided products.

9. Confidentiality

  1. Influencers must treat all campaign details, including brand partnerships and compensation, as confidential.
  2. Disclosure of confidential information without prior written consent from CreatoRain will result in legal penalties, including but not limited to a $1,000 contractual penalty.

10. Exclusivity Clause

  1. For a period of 12 months following the conclusion of a campaign, the Influencer may not directly engage with the Client for similar campaigns without CreatoRain’s involvement. Violations will result in a $500 penalty and potential legal action.

11. Data Privacy

  1. CreatoRain collects and processes personal data as necessary for campaign execution and platform operations. By accepting these terms, the Influencer consents to data collection and use as outlined in the CreatoRain Privacy Policy.
  2. Data may be shared with Clients for campaign purposes.

12. Termination

  1. CreatoRain reserves the right to terminate this Agreement or individual campaigns at its sole discretion, with or without cause, by providing written notice.
  2. The Influencer may terminate the Agreement by providing written notice. Termination does not absolve the Influencer from obligations related to ongoing campaigns.

13. Liability

  1. CreatoRain is not responsible for disputes between the Influencer and the Client.
  2. CreatoRain is not liable for content posted by Influencers that violates FTC guidelines, intellectual property rights, or third-party agreements.

14. Governing Law

This Agreement is governed by the laws of the State of Illinois, USA. Any disputes arising under this Agreement shall be resolved in the courts located in Illinois.

15. Amendments

CreatoRain reserves the right to amend these terms at any time. Influencers will be notified of changes, and continued participation in campaigns constitutes acceptance of the revised terms.

By signing up for CreatoRain and participating in campaigns, the Influencer acknowledges and agrees to these terms. Failure to adhere to this Agreement may result in termination, forfeiture of compensation, and legal action.

Signed:
Midwest AI Solution Inc.
CreatoRain Influencer Marketing Platform



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