A "Creator" is a professional who creates and publishes content on social media sites against payment or products. The following terms and conditions (the "Terms") shall govern Creators' use of Rewild Gear affiliate collaboration (the "Collaboration"). The Collaboration is facilitated by the company Rewild Gear LLC. All references to "we," "us," and "our" in the following refer to Rewild Gear LLC. You (from now on referred to as "you" or "Creator") are required to accept these Terms to be Part of the Collaboration. The Terms are accepted by signing up to our affiliate portal. You may contact us anytime if you have any questions about these Terms. Our contact information is email@example.com.
"Communication Medium" is referred herein to as the channels of communication. Communication will only be provided through email.
About the Collaboration
The Collaboration is a cloud-based software application and collaboration platform that:
- allows you to create a Creator profile on the platform and Create links or discount codes for referral
- Track your performance and see how much commission you have accrued.
- Be able to create content and post with our Brand and products.
- If qualified and applicable, receive a commission for sales made by you to your PayPal account.
- Allow you to be a paid partner.
Accessing the Service – Approving your Account Registration
To register for the Service, you must complete the registration process on the platform. You are required and obligated to: (a) be 18+ years old, (b) provide true, accurate, current, and complete information and (c) maintain and promptly update the registered data to keep it true, accurate, current, and complete.
After registering your Account and before you gain full access to our Service, we will evaluate your social media profiles to determine whether it meets our Collaboration Guidelines.
Rewild Gear LLC shall, at its sole discretion, decide whether such Collaboration Guidelines are met, and we reserve the right to refuse or cancel the registration of your Account without providing any explanation as to the reason for refusal.
Formation of Booking Agreements and Performance Thereunder
We may send you a booking request. The booking request shall briefly contain the terms and conditions for the booking, including the remuneration to be paid from Rewild Gear LLC. The Creator will receive an email notification, SMS, or direct message about the booking request and can choose to accept or decline it.
If the booking request is accepted, a binding booking agreement has been formed between Rewild Gear LLC and Creator.\
When Creator has completed the booking agreement terms, proof of the completed work and results shall be submitted to Rewild Gear LLC via email providing links and screenshots of the deliverables.
Release of Payment
All payments for services provided under a booking agreement shall be paid out through PayPal, a Bank account, or through 3rd payment or collaboration partner.
When proof of completed work is provided to Rewild Gear LLC, Rewild Gear LLC has 30 days from receiving Proof of Complete work to Accept or Reject the work. If the work is not responded to on the 31st day, the work is automatically qualified for payment.
All payments will be paid on the last date of each month.
Non-Performance by Creator
When the Creator accepts a booking agreement, the Creator shall review the campaign brief from the Brand, for which the Creator is liable.
If Rewild Gear LLC outputs are delayed or incomplete, the Creator must notify Rewild Gear LLC without delay.
The Creator must notify Rewild Gear LLC if a deadline extension is required due to the delay from Rewild Gear LLC.
When Rewild Gear LLC receives a request for a deadline extension with a specified number of days for which the deadline is to be extended, Rewild Gear LLC will respond through communication Medium without any delay. If the postponement affects us, we might demand an adjustment of the amount payable, and we shall make a specified offer relating to the adjustment of the amount owed.
If the Creator fails to perform by not providing or not posting content as determined in the booking agreement, or if Creator fails to be present at an activity or event specified in the booking agreement, the Client may refuse to mark the booking agreement as "Completed."
In such cases, the Creator risks not being paid. If an accepted booking agreement is not completed, the Creator will receive an automatic review on their profile – and can risk being terminated for future work with Rewild Gear LLC.
Restrictions and Creator Responsibilities
You represent covenant and warrant that you will act in the Collaboration only in compliance with all applicable laws and regulations and in a way that will not harm the Collaboration and Rewild Gear LLC.
You are solely and entirely responsible for the following:
- Any content you choose to share through the Service or in your performance for a Rewild Gear LLC
- Having the necessary rights to any material (including but not limited to text, photos, sound, and music), you make available through the Collaboration or in your performance for Rewild Gear LLC.
- your performance under any booking agreement between you and us
You are responsible for maintaining the security of your Account, passwords, and files and for all uses of your Account with or without your knowledge or consent. Suppose you suspect any unauthorized use of your Account or other security breach related to your Account. In that case, you must immediately notify us in writing.
You may not, during the Collaboration to, promote campaigns or ads containing:
- Content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory.
- Content that promotes any illegal activity, including, without limitation, the promotion of gambling where prohibited, illegal substances, software piracy, or hacking.
- Content that infringes on a third party's intellectual property rights.
- Content links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse, including but not limited to the sending of unsolicited bulk email and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software.
- Content that you know to be false and misleading.
You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or any information relevant to the Collaboration with Rewild Gear LLC or any services or products, documentation or data related to the Collaboration with Rewild Gear LLC, modify, translate, or create derivative works based on the Collaboration with Lava Art or use the Collaboration with Lava Art for the benefit of a third party.
Fee for the Service
Any fee and compensation will be agreed upon in the Brief or Ambassador Contract. The fee for Service is defined herein as;
- Payment per post
- Payment per month
- Payment per assignment
- Affiliate and commission payout
Suspension or Termination of your Account and Access to the Collaboration
You may end your legal Agreement with Rewild Gear LLC at any time by deactivating your Account. If you wish to deactivate your Account, please notify us by emailing firstname.lastname@example.org.
Rewild Gear LLC may suspend or terminate your Account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe:
- You have violated these Terms.
- You have attempted to acquire or have any fake followers, likes, shares, views, and comments on any channel.
- You join a follower or engagement pod.
- You have repeatedly failed to perform per the booking agreements you are a party to.
- You create risk or possible legal exposure for us.
- You use information from the Collaboration to harass, abuse or harm Rewild Gear LLC.
- You are attempting to solicit business away from the platform that was initially offered to you via Rewild Gear LLC.
- Your use of the Collaboration may harm Rewild Gear LLC's business.
- Your Account should be removed due to unlawful conduct.
Your Account may be suspended or terminated without notice.
If the Agreement is terminated, or if Rewild Gear LLC suspends your access to the Service, Rewild Gear LLC shall not have any liability or responsibility to you.
Upon termination of your Account, you lose all rights granted under these Terms.
Intellectual Property Rights and Ownership of Content
Rewild Gear LLC owns and retains all rights, titles, images, videos, text, and content created by Creator during the Collaboration. Creator releases all rights royalty-free to Rewild Gear LLC; we can use the content anytime, anywhere, how long, and however, we see fit to promote Rewild Gear LLC services and products. Rewild Gear LLC has the right to modify, iterate, and change music or sounds, images, typing, videos, content form, context, or anything related to what Rewild Gear LLC sees fit for its promotion.
Modification of the Service and Amendments to these Terms
We reserve the right to modify these Terms. You must check from time to time if the terms and conditions are changed. If you do not accept these changes, you must stop using your Account or request deletion at email@example.com. Your continued Collaboration after we publish our changes to these Terms means you consent to the updated Terms.
Creator agrees to indemnify, defend and hold Rewild Gear LLC harmless from and against any claims made by a third party that the content posted by Creator infringes a third party's intellectual property rights. Creator agrees to indemnify, defend and hold Rewild Gear LLC harmless from and against any claims from a third party for damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys' fees) arising from an alleged violation of any applicable law in the governing country Creator operates or post.
The parties shall notify each other without undue delay of any claims under this section.
Limitation of Liability
Rewild Gear LLC's liability according to this Agreement shall not exceed the amount paid by Creator to Rewild Gear LLC under this Agreement in the preceding one month before the act that gave rise to the liability, excluding VAT.
Neither party shall be liable to the other party for any special, incidental, indirect, punitive, exemplary, or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based on remedies are sought in contract or tort or otherwise.
Neither party shall be liable for any force majeure matter.
The above limitations shall not apply if the party in question has acted willfully or with gross negligence, nor if a party has violated the other party's intellectual property rights or section «confidentiality» of this Agreement.
No Warranty & Disclaimer
In the event of a conflict between this Agreement and any information provided by a representative of Rewild Gear LLC, this Agreement shall prevail.
THE COLLABORATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Rewild Gear LLC DOES NOT WARRANT THAT THE COLLABORATION WILL FULFIL ANY PARTICULAR PURPOSES OR NEEDS, NOR THAT IT IS PROVIDED WITHOUT FAULTS. Rewild Gear LLC DOES NOT WARRANT THAT THE COLLABORATION WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY Rewild Gear LLC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.
The creators are not representatives nor employees of Rewild Gear LLC
Further, Rewild Gear LLC cannot be held liable for any acts or omissions of PayPal or Your Bank and explicitly disclaims any responsibility or liability related to PayPal or Your Bank's provision of payment services.
For this Agreement, "Confidential Information" means any information, whether or not developed by Rewild Gear LLC, including but not limited to pre-existing or new information which relates to all ideas, designs, methods, discoveries, improvements, products, software, trade secrets, product data and specifications, proprietary rights, business affairs, product developments, customer information or employee information, techniques, models, inventions, data, databases, proprietary material, know-how, pricing terms, business forecast, sales, and marketing plans and reports provided to Creator under this Agreement.
During the term of the Agreement and indefinitely after that, Creator will keep and maintain Rewild Gear LLC Confidential Information in the strictest of confidence and will not otherwise make Rewild Gear LLC Confidential Information available in any form to any third party or use Rewild Gear LLC Confidential Information for any purpose other than the performance of its obligations in the Agreement.
Creator shall be responsible for ensuring that their respective officers, agents, and employees do not disclose, use or distribute Rewild Gear LLC Confidential Information in violation of the terms and conditions of this Agreement.
If either party becomes insolvent or enters into insolvency proceedings, the other party is entitled to terminate the Agreement immediately.
If circumstances beyond the parties' control, which is classified as force majeure under US law, significantly complicate the implementation of the Agreement, the parties obligations are suspended to the extent the circumstance is relevant and for as long as the circumstance lasts.
If force majeure is invoked, the afflicted party must notify the other party. The duty to notify also applies upon the end of the force majeure.
During force majeure, the parties have a mutual duty to inform of circumstances that may be of significance to the other party. The information must be given within a reasonable time.
Each party may terminate the Agreement with thirty (30) days' notice if force majeure makes it especially burdensome to uphold the Agreement. If the Agreement is terminated as a result of force majeure, each of the parties shall carry their own costs related to the termination.
Governing Law and Dispute Resolution
All disputes arising out of or in connection with this Agreement shall be finally settled under the laws of the state of Florida. If a dispute is not resolved by negotiation or mediation, either party may require that the dispute be resolved with final effect before the Florida courts of law.