Kreatornow Terms of Service
This Terms of Service Agreement ("Agreement") governs your ("User," "You," or "Creator") access to and use of Kreatornow's marketing platform (the "Platform" or "Service"). By accessing or using the Platform, you agree to be bound by these terms. If you do not agree, you may not use the Service.
1. Eligibility & Account Use
1.1 To create a Kreatornow Creator Account, you must apply through the Service. The approval of account applications, as well as the suspension or termination of existing accounts, is at the sole discretion of Kreatornow. You must provide accurate, current, and complete information during the registration process and keep your account information updated.
1.2 You agree not to:
- Violate any laws or third-party rights (including intellectual property).
- Engage in fraud, spam, or deceptive practices.(paid search, keyword bidding,software or browser extensions, sharing Kreatornow commissionable discount codes on external discount websites)
- Disrupt the Platform's integrity (e.g., via viruses, bots, or unauthorized scraping).
- Misrepresent your identity.
Violation of these restrictions may result in immediate termination of your Kreatornow account and forfeiture of any earned commissions or other rewards.
1.3 Termination:
We reserve the right to suspend or terminate your access to and use of the Services without prior notice, for conduct that we believe violates these Terms or is harmful to other users, the platform, or third parties, or for any other reason. we reserve the right to terminate access to the Services at our sole discretion, and to take appropriate legal action against you for any violation of these Terms or applicable law.
2. Unauthorized Resale and Intermediary Activity
2.1 Prohibition on Indirect Compensation: You are strictly prohibited from utilizing the Services (including commission rates, tracking infrastructure, attribution tools, analytics, and data) to directly or indirectly compensate, subsidize, or provide benefits to any influencer, creator, consumer, or third party who does not maintain a direct, approved contractual relationship with Kreatornow.
2.2 Specific Restrictions: Without limiting the generality of the foregoing, you may not:
- (i) Unauthorized Networks: Onboard influencers or creators onto any separate platform or network you operate and compensate them using Kreatornow's infrastructure;
- (ii) Consumer Incentives: Fund cashback, rebates, or loyalty programs using commissions derived from the Services;
- (iii) Acting as Intermediary: Act as a proxy, sub-affiliate, or technology provider to extend access to the Services to unauthorized third parties; or
- (iv) Technical Facilitation: Facilitate any prohibited activity through APIs, white-label arrangements, or other technical or financial means.
2.3 Scope: These restrictions apply universally, regardless of your role (e.g., creator, agency, network) or your relationship with the recipient.
2.4 Consequences of Breach: A violation of this section constitutes a material breach. Kreatornow reserves the right to immediately suspend or terminate your account, forfeit commissions, and disqualify you from future use of the Services.
2.5 Equitable Relief & Indemnity: Kreatornow is entitled to injunctive relief to stop any violation without posting a bond. You further agree to indemnify and hold harmless Kreatornow and its officers against all claims, legal fees, and costs arising from your breach of this section.
3. Intellectual Property
3.1 The Platform, including software, trademarks, content, and branding, is owned by Kreatornow or its licensors and protected under intellectual property laws.
3.2 You may not copy, modify, distribute, or commercialize any part of the Platform without prior written consent.
3.3 User Content:
By publishing any content on the Site or in connection with the Services, you hereby grant Kreatornow, its licensees, and its affiliates a non-exclusive, perpetual, worldwide, royalty-free, and sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote such content. This license applies to any usage in any commercial or non-commercial medium or form, now known or later developed, without compensation to you.
4. Privacy & Data
4.1 Kreatornow adheres to its Privacy Policy to protect your data. By using the Platform, you consent to data practices outlined therein.
4.2 We may disclose data if required by law or to protect rights, safety, or property.
5. Disclaimers & Limitation of Liability
5.1 The Platform is provided "as-is." Kreatornow does not guarantee uninterrupted or error-free service.
5.2 Obligations of Kreatornow:
- Ensure the timely and full disbursement of all confirmed creator earnings.
- Facilitate the timely disbursement of confirmed creator earnings.
- Strictly safeguard the creator's personal information and maintain high standards of data security.
- Provide all agreed-upon basic infrastructure and platform services to support the creator's activities.
5.3 Limitation of Liability Kreatornow shall not be held liable for any damages, losses, or liabilities arising from the following circumstances:
- Force Majeure: Service interruptions, delays, or failures caused by events beyond our reasonable control, including but not limited to natural disasters, internet service provider failures, strikes, or acts of government ("Force Majeure").
- Third-Party Defaults: Losses or damages caused by the breach, default, or non-payment by third-party Merchants or brands. While Kreatornow assumes no financial liability for such third-party actions, we agree to provide reasonable assistance to help you facilitate the recovery of outstanding amounts.
- User Violations: Any losses, account suspensions, or penalties resulting from violation of these Terms, platform policies, or applicable laws.
6. Commission and Payment Terms
6.1 Responsibility for Commission Payments: Merchants and brands (collectively, “Merchants”) partnering with Kreatornow are solely responsible for funding and paying commissions on sales generated by you. You acknowledge and agree that your receipt of commission payments is strictly contingent upon Kreatornow's prior receipt of the corresponding funds from the applicable Merchant. Kreatornow operates on a “pay-when-paid” basis; we facilitate transactions solely as an intermediary and bear no liability for payments if the Merchant fails to remit funds.
6.2 Variability of Commission Rates: Please be advised that all displayed commission rates are estimates only and are subject to change without prior notice. Rates may fluctuate due to various factors, including but not limited to Merchant discretion, promotional adjustments, changes in revenue share agreements, budgetary constraints, or fee modifications. By using the Services, you expressly acknowledge that the actual commission rate applied to a transaction may differ from the initial estimate. While Kreatornow strives to provide current information, we assume no liability for rate discrepancies or modifications implemented by merchants.
6.3 Conditions for Commission Reversal: Merchants reserve the right to deny or reverse commissions at their sole discretion, including but not limited to the following circumstances:
- (i) Usage of unauthorized or non-commissionable discount codes;
- (ii) Product returns, order cancellations, or modifications by the consumer;
- (iii) Attribution conflicts where the purchase is tracked via a competing platform;
- (iv) Purchases of items explicitly excluded from commission eligibility; and/or
- (v) Transactions deemed fraudulent, duplicative, or involving payment authorization failures.
As a user of the Services, you agree that all commissions are subject to the final approval and policies of the applicable Merchant. Kreatornow acts strictly as an independent contractor and intermediary; no fiduciary, trustee, escrow, or agency relationship is established between you and Kreatornow. We accept no liability for any Merchant's decision to approve, deny, reverse, or withhold commissions. Furthermore, Kreatornow reserves the right to delay, withhold, or forfeit payments in the event of suspected fraud, abuse, violation of these Terms, or non-payment by the Merchant.
7. Application of Law
7.1 This Agreement and its use are governed by applicable local laws.
7.2 In the event of any dispute or claim relating to this Agreement or the use of the Products, you should first contact us to attempt to resolve the dispute or claim in good faith. If for any reason these disputes or claims cannot be resolved through negotiation, such disputes or claims shall be subject to the jurisdiction of a court of competent jurisdiction, generally located at our principal place of business.
8. Compliance with FTC Guidance and Canadian Standards
8.1 Compliance with Laws and Regulations: You represent, warrant, and covenant that you will strictly comply with all applicable laws, regulations, and official guidance regarding influencer marketing, endorsements, and the disclosure of material connections. This explicitly includes, without limitation:
- United States: The Federal Trade Commission (“FTC”) guidelines, including Disclosures 101 for Social Media Influencers, Guides Concerning the Use of Endorsements and Testimonials in Advertising, Endorsement Guidelines: What People Are Asking, and the FTC's “.com” Disclosures
- Canada: The Canadian Code of Advertising Standards and the Competition Act (Canada), specifically regarding material connection disclosures and misleading advertising.
- extension://ngbkcglbmlglgldjfcnhaijeecaccgfi/https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
- https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising
- https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising
- extension://ngbkcglbmlglgldjfcnhaijeecaccgfi/https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
8.2 Disclosure Obligations: Whenever you promote a Merchant, product, or service on behalf of a brand, you bear sole responsibility for ensuring that your relationship is transparently disclosed. You represent and warrant that:
- Honesty: Your content will reflect your honest views and actual personal experiences with the product or service.
- Clear and Conspicuous: You will provide “clear and conspicuous” disclosures of any material connection (e.g., payment, gifts, affiliate commissions) in every post, tag, story, video, or interaction.
- Format Specificity: Disclosures must match the medium of the content. For example, use clear markers like #ad placed visibly at the beginning of text or video descriptions. For visual content, disclosures must be visual; for audio content, they must be audible; and for audiovisual content, they must be both seen and heard.
8.3 Consequences of Non-Compliance: Failure to comply with these requirements may result in regulatory enforcement actions against you and significant repercussions from Kreatornow, including account suspension, termination, or forfeiture of earnings.
9. Confidentiality
9.1 You acknowledge and agree that any non-public information you receive or access regarding Kreatornow, its Merchants, or any campaigns constitutes “Confidential Information.” This includes, without limitation, commission rates, product samples, creative briefs, discount codes, collaboration fees and performance data. You agree not to disclose, publish, or utilize such Confidential Information except as strictly necessary to fulfill your obligations under this Agreement. These confidentiality obligations shall survive the expiration or termination of this Agreement and the closure of your Kreatornow account indefinitely.
10. Modifications
10.1 Kreatornow may update this Agreement at any time. Changes will be posted on the Platform, and continued use constitutes acceptance.
11. General
11.1 Entire Agreement: This Agreement supersedes prior agreements.
11.2 Severability: If any clause is invalid, the rest remain enforceable.
11.3 Assignment: You may not transfer this Agreement; Kreatornow may assign its rights.