Terms & Conditions - Influencers

Welcome to Creator! An ecosystem where brands and creators unite.

Before joining our ecosystem and enjoying all of the benefits it has to offer, please take a moment to review these Terms and Conditions (the “Terms”) as it will govern the relationship between you, or if you represent an entity or other organization, that entity or organization (“Influencer”, “you”, “your” or “yourself”), Shop and Shout Ltd. DBA creator.co (“creator.co”, “our”, “us” or “we”), and each brand that you perform a Campaign (as defined herein) for (each, a “Brand”). In addition, these Terms will apply to your access to and use of: (i) the creator.co website located at https://creator.co (the “Website”),  and (ii) the online marketplace enabling Brands to engage with influencers, creators and similar persons, such as yourself, for the purposes of undertaking Campaigns (the “Dashboard”, together with the Website, the “Platform”).

By accepting these Terms (including by way of any click-wraps) or otherwise accessing or using the Platform, you agree to comply with these Terms. If you are accessing or using the Platform on behalf of someone else, you agree that you have the full authority of that person or entity to enter into these Terms on their behalf. It is a condition for your use of the Platform that you have reached the age of majority in your country of residence, or if you are under the age of majority, you have parental or guardian consent. In such where you are under the age of majority, the parent or guardian providing consent accepts full responsibility for your access and use of the Platform. You should review these Terms carefully as there are terms that govern the jurisdiction and venue of disputes, the mechanism for settling disputes and a class action waiver. If you do not agree to these Terms, please do not create a User Account or otherwise access the Platform.

‍

Modifications.

  1. Except where prohibited under applicable law, we reserve the right in our discretion to modify, update or replace these Terms or the Platform at any time, whether permanently or temporarily, without prior notice. Nothing herein will in any way be deemed to be a guarantee that you will at all times have access to the Platform. If we do modify these Terms, we will post such modification on the Platform, and once posted, the updated Terms will from that point govern your relationship with us and the Brands. By continuing to access the Platform after any modifications to these Terms have been posted, it will be deemed to be your acceptance of the modifications and such updated Terms shall thereafter apply to your access and use of the Platform.

‍

User Accounts.

  1. To access and use the Dashboard and start performing Campaigns, you must register an account (a “User Account”) by providing your email address and following the prompts on the Website. Once a User Account has been created, you will then be given access to the Dashboard and once you log into the Dashboard, you will be required to complete your User Account with additional registration information, including, but not limited to, the provision of personal information and linking any third party social media accounts, such as Instagram, Facebook, TikTok or Youtube (collectively, the “Social Media Applications”). You agree that you will provide accurate, current and complete information when creating your User Account. We reserve the right to suspend or terminate your access to the Platform in the event that we determine at any time that the information you provided is misleading or fraudulent.
  1. As part of completing the User Account, you will also be required to provide your banking information in order for us or our third-party payment processing partner to deposit any Compensation (as defined herein) that you may receive in connection with completed Campaigns.
  1. You should note that some features available in the Dashboard may not be made available to you until such time as you have provided all of the required information for your User Account. It is your responsibility to ensure all information is fully completed.    

‍

Dashboard and Campaigns.

  1. The Dashboard, provided you have provided all the required information, enables you to access an online marketplace where Brands and you may enter into an agreement to promote on your Social Media Applications the Brand’s products and/or services (each, a “Campaign”). In exchange for agreeing to undertake a Campaign, you will be paid certain compensation, which consideration may take the form of monetary payment, certain products and/or services of the Brand, or a combination thereof (the “Compensation”). Any Compensation provided by the Brand is exclusively for you and may not be resold or gifted to any third party. In the event we discover that you have resold or regifted any Compensation to any third party, whether for or without consideration, we reserve the right to terminate your access to the Platform.
  1. Eligibility in respect of each Campaign is subject to each Brand’s requirements (the “Campaign Requirements”), including, without limitation, your reach, engagement, and location. The Campaign requirements will be listed on the Dashboard and it will be your responsibility to ensure that you meet the Campaign Requirements for each Campaign prior to accepting or requesting to undertake a Campaign. If it is determined that you did not satisfy the Campaign Requirements, you may be liable to reimburse us or the Brand for any Compensation provided, and in the event you receive products and/or services, the fair market value of such Compensation provided. The Brand shall be at liberty, at its sole discretion, to approve or deny you from undertaking a Campaign notwithstanding that you may satisfy the Campaign Requirements.  
  1. The details of any Compensation for a Campaign will be outlined on the Dashboard. You acknowledge and accept that other than the Compensation listed on the Dashboard, you shall not be entitled to any other compensation whatsoever for undertaking a Campaign, whether from us or from the Brand. If the Compensation is in the form of products and/or services, you acknowledge and accept that you will not be entitled to any other form of monetary compensation, whether from us or from the Brand. You are prohibited from receiving any Compensation outside of the Dashboard, and in the event you agree to receive any Compensation from a Brand outside of the Platform, you do so at your sole risk.
  1. For Campaigns where the Compensation is in the form of products and/or services, you agree to provide us or the Brand with a mailing address so that such Compensation can be mailed to you. In certain circumstances, the Brand may require you to provide your credit card or payment details for us to put a hold on such method for the value of the Compensation pending your completion of the Campaign.
  1. Upon completion of the Campaign, and subject to your compliance with these Terms, the Brand shall approve the completion of the Campaign and we or our third-party payment processing partner will pay you the Compensation, unless otherwise already paid. Where the Compensation is by way of monetary payment, such Compensation, upon completion of the Campaign shall be paid, paid to you, subject to our deductions, via our third-party payment processing partner to the account you have provided, subject further to meeting the minimum payout requirements of our third-party payment processing partner. As consideration for your use of the Platform and us facilitating the payment of any Compensation, we shall be entitled to paid from any amounts payable to you a processing fee in the amount of 5% of the total Compensation payable for the Campaign (the “Processing Fee”), which for clarity, in the event the Compensation consists of a combination of monetary compensation and products and/or services, the Processing Fee shall be based on the total value of all Compensation. By agreeing to these Terms, you agree to the deduction of the Processing Fee.
  1. We reserve the absolute right at all times to determine whether you have satisfied the Campaign Requirements and, in the event you have not, and you have been previously provided Compensation in the form of products and services by the Brand, you hereby authorize and direct us or our third party payment processing partner to charge any provided payment method, or authorize us to withhold any amounts payable to you in connection with other Campaigns, for the value of the Compensation received.
  1. You acknowledge and accept that in connection with a Campaign, we are not a party to any agreement entered into between you and a Brand and such, other that subject to these Terms, we have no control over the conduct of Brands, yourself and other users of the Platform. We expressly disclaim any and all liability to the maximum extent permissible under law related to any Compensation that you may receive from a Brand, and any Compensation received by you will be at your own risk.

‍

Other Services.

  1. From time to time, we may make other products and services available on the Platform for purchase by you. If you elect to purchase any products and services, you may make payment via credit card or any other acceptable payment method. Upon payment of such amounts, you shall thereafter receive access to such products and services.
  1. A Brand may, from time to time, as part of a Campaign, make available to you the opportunity to participate in its affiliate referral program (the “Affiliate Program”) which enables you to earn certain compensation for any customer who purchases the Brand’s products and/or services using your unique referral link. The details of the compensation payable as part of the Affiliate Program is at the Brand’s sole discretion and will be outlined in the Campaign (the “Affiliate Fee”), which will be based on the sales generated through the use of your unique referral link. By making such Affiliate Program being made available to you, we shall be entitled to charge a processing fee equal to a certain percentage of the Affiliate Fee. Details of the processing fee shall be outlined on the Platform from time to time, and may be increased at any time at our sole discretion. It may be a condition for you to enter into a separate agreement details the terms and conditions of such Affiliate Program as a condition for you being accepted into the Affiliate Program.

‍

Intellectual Property

  1. The Platform and all related intellectual property rights associated with the Platform, including, not limited to, all applicable rights in patents, copyrights, trade secrets, trademarks, logos, software code, and artwork (collectively, the “Company IP”) is the exclusive property of creator.co and you have no right, title or interest therein other than as set forth in these Terms. In addition, any intellectual property or data that is uploaded, submitted, posted or transferred to the Platform (the “Brand IP”) is the exclusive property of the Brand and you shall have no right, title or interest therein other than as set forth in these Terms. In connection with your use of the Platform and the performance of Campaigns, you are granted a limited, non-sublicensable, non-exclusive, revocable, royalty-free license to the Company IP and the Brand IP for the sole purpose of using the Platform and undertaking any Campaigns in accordance with these Terms.
  1. In connection with each Campaign, you may develop, create or produce certain content which will be posted on your Social Media Applications. All work created by you, including all copyright, trademarks and other intellectual property rights embodied therein, other than the Brand IP (the “Work Product”) shall be owned by you, provided however, that you shall grant us an exclusive, worldwide, sublicensable, unconditional, irrevocable, transferable, royalty-free license to use, exploit, reproduce, incorporate, create derivative works, display and distribute the Work Product, or any part thereof, in any and all media for any commercial and non-commercial applications as we may determine at our sole discretion (the “Product License”), with such Product License being deemed to have been granted in accordance with the Terms without any further formality. The Product License shall permit us, or any of our licensees, to use your name, likeness and social media details in any manner that supports the Campaign or our business objectives. You shall be granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable, royalty-free sublicense to the use, reproduce, incorporate, display and distribute the Work Product for strictly non-commercial uses or otherwise pursuant to the Campaigns. In the event you cease to use the Platform or otherwise terminate your User Account, the foregoing sublicense shall terminate as of such date. If you do not wish to grant us the Product License, you should not use the Platform or undertake any Campaigns.

‍

Conduct.

  1. You acknowledge and agree that:
  1. You will not use, or permit anyone else to use, the Platform for purposes other than the permitted use as set out in these Terms. Without limiting the generality of the foregoing, this includes: (i) “framing”, “mirroring” or otherwise incorporating the Platform or any part thereof in any commercial or non-commercial website or platform, (ii) accessing, monitoring or copying any part of the Platform using any robot, spider, scraper or other automated means or any manual process, (iii) deep-linking to any portion of the Platform, (iv) modifying or attempting to modify any part of the Platform, (v) removing any watermarks, labels or other proprietary notices on the Platform, (vi) creating a derivative work based on the Platform, or decompiling, reverse engineering or otherwise exploiting any part of the Platform, (vii) using the Platform in any manner that violates the rights of others (including the intellectual property rights of third parties), (viii) posting, publishing or transmitting anything that violates or encourages any conduct that would violate any applicable laws or would give rise to civil or criminal liability, (ix) posting, publishing or transmitting anything that is fraudulent, false, deceptive or misleading, (x) promoting violence, bigotry, harassment, hatred or harm against any individual or group, and (xi) promoting illegal or harmful activities or substances.
  1. You will not commit any act that brings us or any Brand into public disrepute, scandal or ridicule.
  1. You will not boost, manipulate or otherwise fabricate any engagement metrics of any Social Media Applications by any means.
  1. You will respect the intellectual property rights of us, the Brand and any third party and not post or share any content unless having obtained written permission from such party.
  1. You will comply, and be solely responsible for complying, with all applicable laws that may be applicable in connection with your use of the Platform.
  1. You will disclose in each post, in accordance with applicable laws (including, if applicable, the requirements of the Federal Trade Commission, Advertising Standards Canada and the Advertising Standards Authority), any material connections that you may have with a Brand for which you are undertaking a Campaign for, including, if required, that such Campaign in sponsored.
  1. You will ensure that content generated in connection with a Campaign is original and does not infringe on the intellectual property rights of other third parties.
  1. You will ensure compliance with our Privacy Policy and with all terms and conditions and privacy policies related to the Social Media Applications.
  1. You will perform your respective obligations under a Campaign in a prompt manner with due care and attention.
  1. You agree to defend, indemnify and hold harmless creator.co, the Brand, and their respective directors, officers, representatives and agents, from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees and disbursements, arising out of or in any way connected with: (i) your violation of these Terms, (ii) your violation of any third party right, including, without limitation, any copyright, property or privacy rights, and (iii) any violation by you of any applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claim.

‍

Termination.

  1. You may cancel your User Account at any time by contacting us or following the prompts on the Dashboard. Until such event as your User Account is terminated, you will be deemed to be subject to these Terms.
  1. In addition, we may terminate or otherwise suspend your User Account either in accordance with these Terms or where there is a breach or threatened breach of these Terms or where we deem your conduct to be inappropriate or detrimental to the Platform, the Brand or other users.
  1. Upon any termination, discontinuance, or cancellation of your User Account, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, the ownership provisions, warranty disclaimers, limitation of liability and dispute resolution provisions.

‍

Disclaimer.

  1. IF YOU CHOSE TO USE AND ACCESS THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, FEATURES, DASHBOARD, WEBSITE AND ANY OTHER SERVICES MADE AVAILABLE BY US OR ANY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES. WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YOUR USE OF THE PLATFORM. WE DO NOT GUARANTEE THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THE DEFECTS WILL BE CORRECT OR THAT THE PLATFORM WILL BE SECURE. ALL USAGE OF THE PLATFORM IS AT YOUR SOLE RISK.

‍

Limitation of Liability.

  1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CREATOR.CO HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER THE FOREGOING PROVISIONS ARE HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART, CREATOR.CO’S AGGREGATE LIABILITY ARISING OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED USD$100 (OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

‍

Marketing.

  1. We may, upon you creating a User Account and agreeing to these Terms, display your name and such other information as we may determine, in our sole discretion, on the Website and in our customer lists for the sole purposes of marketing. Unless to provide us with notice to the contrary, you hereby authorize such use and provide, to the extent required, an irrevocable royalty-free license to display your name, logo and such other reasonable information as we may determine, solely for the purposes of marketing.

‍

Links and other Providers.

  1. The Website and the Dashboard that you access may, from time to time, contain links to third-party websites, may require you to use third-party providers, including our third-party payment processing partner, or may require you to connect your Social Media Applications. We do not warrant, endorse, guarantee, provide any conditions, warranties, or representations, or assume any responsibility or liability in connection with such third-party websites or third-party providers. Any content or use of such third-party websites or third-party providers shall be at your sole risk and may be subject to additional terms, conditions and privacy policies of such third-party website or third-party provider.

‍

Force Majeure.

  1. In no event will we be held responsible for any delay or failure in performance under these Terms to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, act of God, inability to obtain delivery of parts, supplies, labour conditions, earthquakes, acts of terrorism or war, Internet or telecommunications failure or any other cause beyond our reasonable control. In the event a force majeure event affecting us continues for a period of longer than 30 days, we shall have the right, at our sole discretion, to terminate the Term and your access to the Services, effective as of the date specified in such notice.

‍

Entire Agreement.

  1. These Terms and any reference to other documents contained herein, contain the entire agreement between you and us regarding your use of the Platform. These Terms shall benefit and bind our and your successors and permitted assigns. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. No failure or delay by either party in exercising any right under this Terms will constitute a waiver of that right.

‍

Choice of Law and Venue.

  1. Any and all claims or disputes arising out of or relating to these Terms (a “Dispute”) shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to any principles of conflicts of law that would require the application of the laws of another jurisdiction.

‍

Dispute Resolution.

  1. You and we agree and accept that we both benefit from establishing a predictable legal mechanism in regard to these Terms and therefore you and we explicitly agree that any Dispute relating to these Terms shall be governed by the applicable laws set forth above in accordance with these Terms to the exclusion of the laws of any other jurisdiction, regardless of your residence or location. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  1. Prior to commencing legal proceedings, you and we agree to try and resolve any Dispute informally. If you have a Dispute, you may contact us through the Platform or by email. We will make every effort to respond to your notice of the Dispute within 30 days of submission. You should ensure that you provide full and frank disclosure of all pertinent information related to the Dispute. We will endeavour to respond to your notice within 60 days of receipt.
  1. Except where prohibited by applicable law, any unresolved Dispute will be referred to and finally resolved by binding arbitration administered by the Vancouver International Arbitration Centre (“VanIAC”) in accordance with its rules in effect at the time of the arbitration, including, if applicable, any expedited rules in effect at the time of the arbitration. The arbitration shall be determined by a single arbitrator either mutually agreed to by the parties to the Dispute, or where no agreement is reached within 10 days of suggestions, by VanIAC. The arbitration shall be determined within 60 days of the arbitrator being appointed and shall take place in Vancouver, British Columbia in the English language. The arbitrator will have the right to determine issues he or she deems necessary, including, but not limited to, how the costs of the arbitration should be borne, the manner in which the arbitration proceeds, the nature of the evidence required, and the appropriateness of conducting the arbitration remotely via videoconference. The arbitrator’s decision shall be binding and final, with no right of appeal. For the purposes of these Terms, the foregoing shall be deemed to be an arbitration agreement between us. You may opt out of this arbitration agreement as set forth herein by providing us with written notice within 30 days of you commencing using any or all of the Platform.
  1. To the extent that arbitration as described above is prohibited by applicable law, or you opt out of the arbitration provisions in accordance with these Terms, you agree that all Disputes will be heard and resolved in a court of competent jurisdiction located in Vancouver, British Columbia. You consent to the personal jurisdiction of such courts over you in connection with such Dispute, agree to the fairness and convenience of such courts and covenant not to asset any objection to proceeding in such courts.
  1. Notwithstanding the dispute resolution provisions provided herein, nothing shall prevent either party from seek urgent equitable relief (including injunctive or interim measures) in a court of competent jurisdiction to protect its intellectual property.
  1. Unless otherwise prohibited, you and we agree that each may bring claims against the other only on an individual capacity and not as a plaintiff or class member in any purported class or representative action. You and we also agree that under no circumstances will either party have the right to request that a jury decide on the merits of any Dispute. You expressly waive any and all rights to a jury trial and be part of any class or representative action.

‍

Relationship of the Parties.

  1. Your relationship with us and the Brand is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. You are responsible for filing on a timely basis all tax returns, payments, taxes, levies and duties required to me made to any state, federal or other applicable taxing authority with respect to the receipt of all compensation payable in connection with your use of the Platform. We may from time to time provide you with accounting and tax documentation relating to the amount of compensation you have been paid in any particular tax year if required to do so under applicable laws.

‍

Questions.

  1. If you have any questions about these Terms, please reach out to us at legal@creator.co.

‍

© 2025 Creator. All rights reserved