TERMS OF SERVICE
Effective Date: [EFFECTIVE DATE]
These Terms of Service (“Terms”) govern your participation in the creator, customer rewards, affiliate, social commerce, promotional, and other programs (collectively, the “Program”) offered by [BRAND LEGAL NAME], doing business as [BRAND NAME] (“Brand,” “we,” “us,” or “our”).
These Terms apply to individuals who access or participate in the Program (“Participants,” “Creators,” “you,” or “your”), including individuals who submit content, participate in challenges, share or create promotional content, generate shoppable posts or links, earn rewards, participate in affiliate opportunities, or otherwise interact with the Program.
The Program may be made available using technology provided by third-party service providers, including Shoppable Social, Inc. Such technology providers provide infrastructure and technology used to facilitate the Program and are not the sponsor of the Program unless expressly identified otherwise.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, AND DISPUTE-RESOLUTION PROVISIONS.
By creating an account, joining the Program, participating in a challenge or campaign, submitting content, connecting a social media account, generating or sharing a promotional or shoppable link, participating in a rewards or affiliate opportunity, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.
Our Privacy Policy, available at [BRAND PRIVACY POLICY URL], also applies to our collection and use of personal information.
Certain challenges, campaigns, promotions, Rewards, or affiliate opportunities may contain additional rules, instructions, eligibility requirements, or terms (“Campaign Terms”). By participating in such an opportunity, you also agree to the applicable Campaign Terms presented to you.
If Campaign Terms conflict with these Terms, the Campaign Terms control solely with respect to that particular campaign and solely to the extent of the conflict.
1. THE PROGRAM
The Brand may operate programs through which Participants can:
- create or submit content;
- participate in challenges or campaigns;
- promote the Brand or its products, services, events, or offerings;
- generate social-media engagement;
- create or share shoppable content or links;
- earn Rewards;
- participate in affiliate or commission-based opportunities; and
- participate in other promotional activities.
The Brand determines the opportunities made available through the Program and the applicable eligibility requirements, content requirements, approval standards, Rewards, commission structures, attribution rules, deadlines, and Campaign Terms.
Participation does not guarantee that you will receive a Reward, payment, commission, product, benefit, exposure, engagement, sale, or other result.
2. ELIGIBILITY
You must satisfy the eligibility requirements specified for the applicable Program or campaign.
Unless a particular campaign expressly permits participation by minors and provides any required parental or legal guardian consent procedures, you must be at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is greater, to participate in opportunities involving monetary compensation, commissions, or legally binding commercial obligations.
You represent and warrant that all information you provide concerning your identity, age, location, social-media accounts, payment information, eligibility, and participation is truthful, current, accurate, and complete.
We may request information reasonably necessary to verify your identity or eligibility.
We may restrict participation based on age, geography, product availability, applicable law, platform requirements, or other eligibility criteria.
3. ACCOUNTS AND ACCOUNT SECURITY
Certain Program features may require you to create an account.
You are responsible for maintaining accurate account information and safeguarding your login credentials.
You are responsible for activity conducted through your account.
You may not sell, transfer, share, or permit unauthorized persons to use your account.
You must promptly notify us if you reasonably believe that your account or credentials have been compromised.
You may not:
(a) impersonate another person;
(b) provide materially false or misleading account information;
(c) create multiple accounts to circumvent Program limitations or obtain additional Rewards or commissions;
(d) access another person's account without authorization; or
(e) circumvent account restrictions, suspensions, eligibility requirements, or security measures.
4. CAMPAIGNS AND CHALLENGES
The Brand may periodically make campaigns, challenges, promotional opportunities, Creator Rewards Programs, Affiliate Programs, or other opportunities available through the Program.
Each opportunity may establish its own:
(a) eligibility requirements;
(b) required activities;
(c) content requirements;
(d) eligible social networks;
(e) submission procedures;
(f) deadlines;
(g) geographic restrictions;
(h) performance thresholds;
(i) Rewards;
(j) commission structures;
(k) attribution rules;
(l) approval requirements;
(m) prohibited activities; and
(n) other Campaign Terms.
You are responsible for reviewing the applicable Campaign Terms before participating.
Completion or submission of an activity does not automatically create an entitlement to compensation.
Rewards and commissions remain subject to the applicable Campaign Terms, verification, approval, fraud review, attribution requirements, and other stated conditions.
5. PARTICIPANT CONTENT
The Program may allow you to upload, submit, post, transmit, link to, or otherwise provide photographs, videos, audio, music, captions, reviews, testimonials, social-media posts, comments, usernames, handles, names, likenesses, performances, written materials, and other content (“Participant Content”).
You retain ownership of Participant Content to the extent you own those rights.
By submitting Participant Content, you represent and warrant that:
(a) you created the Participant Content or possess all rights and permissions necessary to submit it and authorize its intended use;
(b) the Participant Content does not infringe another person's copyright, trademark, patent, trade secret, privacy, publicity, contractual, music, performance, or other rights;
(c) you have obtained all permissions reasonably necessary from other individuals appearing or participating in the Participant Content;
(d) your Participant Content complies with applicable law and social-platform requirements;
(e) your Participant Content does not contain knowingly false, fraudulent, deceptive, defamatory, threatening, or unlawful material; and
(f) you have authority to grant the licenses described in these Terms and applicable Campaign Terms.
You remain responsible for Participant Content you submit.
6. LICENSE TO PARTICIPANT CONTENT
By submitting Participant Content in connection with the Program, you grant the Brand a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, distribute, and otherwise use the Participant Content as reasonably necessary to administer, operate, display, promote, and evaluate the Program and the applicable campaign.
You also authorize the Brand to permit its technology providers, hosting providers, agencies, contractors, and other service providers to process and use Participant Content on the Brand's behalf as reasonably necessary to operate and administer the Program.
Additional Commercial Content Rights. A particular campaign may request additional rights permitting the Brand to reproduce, distribute, edit, modify, advertise, promote, repurpose, boost, whitelist, sublicense, or otherwise commercially use Participant Content. Any such additional rights should be identified in the applicable Campaign Terms or another agreement presented to you.
Nothing in these Terms transfers ownership of your Participant Content to the Brand unless expressly stated in separate Campaign Terms accepted by you.
7. CONTENT STANDARDS AND PROHIBITED CONDUCT
You may not use the Program to:
(a) violate applicable law;
(b) infringe intellectual-property, privacy, publicity, contractual, or other rights;
(c) submit content you do not have authority to use;
(d) engage in fraudulent, deceptive, abusive, threatening, defamatory, obscene, harassing, hateful, or unlawful conduct;
(e) distribute malware, malicious code, viruses, or harmful technology;
(f) interfere with, disrupt, overload, damage, or gain unauthorized access to the Program or underlying technology;
(g) scrape, crawl, harvest, mine, or extract information except through functionality expressly provided for that purpose;
(h) reverse engineer, decompile, disassemble, copy, or attempt to derive proprietary technology used by the Program;
(i) use Program data or proprietary content to train artificial-intelligence or machine-learning systems without authorization;
(j) send spam or unauthorized solicitations;
(k) misrepresent your identity, relationship with the Brand, Reward eligibility, engagement, sales, conversions, or other performance;
(l) circumvent security, verification, eligibility, fraud-detection, or attribution systems; or
(m) use the Program in a manner reasonably likely to cause harm or legal liability.
8. FRAUD, ARTIFICIAL ENGAGEMENT AND MANIPULATION
You may not artificially generate, purchase, manipulate, fabricate, or misrepresent views, impressions, clicks, followers, likes, comments, shares, conversions, purchases, referrals, sales, submissions, or other performance metrics.
Prohibited activity includes bots, click farms, fake accounts, purchased engagement, fabricated screenshots, fraudulent transactions, duplicate submissions, unauthorized self-referrals, collusion, deceptive traffic, or other methods intended to improperly obtain Rewards or commissions.
The Brand and its service providers may use technology and other methods to identify suspected fraudulent or manipulative activity.
Suspected or confirmed fraud may result in:
- rejection of submissions;
- disqualification;
- withholding, adjustment, or reversal of Rewards or commissions where permitted;
- account suspension or termination; and
- restriction from future opportunities.
Nothing in this Section requires the Brand or its service providers to detect every instance of fraudulent activity.
9. CONTENT REVIEW AND REMOVAL
The Brand and its service providers may review Participant Content for compliance with these Terms and applicable Campaign Terms.
The Brand may reject, remove, disable, restrict, or refuse Participant Content that it reasonably believes violates these Terms, Campaign Terms, applicable law, third-party rights, social-platform requirements, or the integrity or security of the Program.
The Brand is not obligated to monitor all Participant Content.
Approval of Participant Content does not constitute a representation by the Brand that the content complies with all applicable laws or third-party rights.
10. COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS
The Brand respects intellectual-property rights.
If you believe content made available through the Program infringes your copyright or other intellectual-property rights, please contact:
Copyright/DMCA Contact: [NAME/DEPARTMENT]
Email: [COPYRIGHT EMAIL]
Mailing Address: [ADDRESS]
Email: [COPYRIGHT EMAIL]
Mailing Address: [ADDRESS]
A copyright complaint should identify the protected work, identify the allegedly infringing material sufficiently for us to locate it, provide appropriate contact information, contain statements required under applicable copyright law, and include the physical or electronic signature of the rights holder or authorized representative.
The Brand may remove or disable access to disputed material and may provide an opportunity for a response or counter-notification where appropriate.
11. CREATOR REWARDS
The Brand may offer cash, gift cards, discounts, products, merchandise, tickets, experiences, access, promotional opportunities, or other benefits (“Rewards”).
The applicable Campaign Terms will determine the Reward offered and the requirements for earning it.
Unless otherwise stated, Rewards may be subject to:
- eligibility verification;
- completion of required activities;
- content approval;
- performance thresholds;
- deadlines;
- availability;
- fraud review; and
- other Campaign Terms.
Submitting content does not automatically create an entitlement to a Reward.
The Brand may substitute a Reward where permitted by applicable Campaign Terms and law.
Rewards have no cash value except where expressly identified as cash or otherwise required by applicable law.
12. AFFILIATE PROGRAMS AND COMMISSIONS
The Brand may offer affiliate, referral, or other performance-based opportunities (“Affiliate Programs”).
The applicable Affiliate Program may establish:
- commission percentages or amounts;
- qualifying products or transactions;
- attribution methodology;
- tracking or attribution windows;
- validation periods;
- minimum payout thresholds;
- exclusions;
- reversal policies; and
- other commission requirements.
A click, tracked transaction, order, conversion, displayed balance, or estimated commission does not necessarily constitute an approved or payable commission.
Commissions may be rejected, adjusted, canceled, or reversed in accordance with applicable Campaign Terms, including because of:
(a) returns;
(b) refunds;
(c) cancellations;
(d) chargebacks;
(e) fraudulent transactions;
(f) duplicate transactions;
(g) invalid traffic;
(h) attribution corrections; or
(i) failure to satisfy Program requirements.
The Program may use technology to track, attribute, calculate, report, verify, and facilitate payment of commissions.
Such technology may depend on ecommerce systems, social networks, APIs, browsers, cookies, pixels, devices, payment processors, and other third-party technologies.
Tracking or attribution may therefore occasionally be delayed, incomplete, unavailable, duplicated, or inaccurate.
The Brand does not guarantee that every click, view, purchase, conversion, or other event will be successfully tracked or attributed.
13. PAYMENTS
Payments may be made directly by the Brand or facilitated through a third-party payment provider.
Payment may require:
- verification of eligibility;
- Brand approval;
- accurate payment information;
- identity verification;
- tax documentation;
- satisfaction of minimum thresholds; and
- compliance with payment-provider requirements.
You are responsible for providing complete and accurate information necessary to receive payment.
The Brand is not responsible for payment delays, holds, rejected payments, account restrictions, or other failures caused by inaccurate information provided by you, financial institutions, payment providers, or circumstances outside the Brand's reasonable control.
14. TAXES
You are responsible for determining and satisfying taxes arising from Rewards, commissions, or compensation you receive except to the extent applicable law requires the Brand or another party to withhold, collect, or report taxes.
The Brand or its payment provider may request tax information or documentation where required by law.
Failure to provide required documentation may delay or prevent payment to the extent permitted by law.
15. CONNECTED SOCIAL MEDIA ACCOUNTS
Certain Program features may require or permit you to connect social-media accounts on supported platforms (“Connected Accounts”).
By connecting a Connected Account, you represent that you own or control the account and have authority to authorize access to it.
Depending upon the permissions you grant and functionality offered by the applicable platform, the Program's technology providers may access, retrieve, process, store, and display information made available through the platform's API, including:
- username or handle;
- user or account ID;
- profile information;
- public content;
- submitted content;
- media identifiers or URLs;
- follower or audience information;
- views;
- engagement metrics;
- analytics;
- metadata; and
- other information reasonably necessary to operate Program functionality.
By connecting an account, you authorize the Brand and its technology providers to process information made available through the applicable API in accordance with the permissions you grant, these Terms, the Brand's Privacy Policy, and applicable platform requirements.
Failure to connect or maintain a Connected Account required for a campaign may prevent verification of participation or performance and may make you ineligible for the applicable opportunity.
Where supported, you may revoke access through your Connected Account provider or functionality made available through the Program.
16. THIRD-PARTY TECHNOLOGY AND SERVICES
The Program may use technology, websites, APIs, social networks, ecommerce systems, payment providers, hosting providers, analytics providers, and other services supplied by third parties (“Third-Party Services”).
Third-Party Services are controlled by their respective providers and may be governed by separate terms and privacy policies.
The Brand does not control and is not responsible for the availability, content, policies, algorithms, functionality, security, data practices, outages, API changes, restrictions, account suspensions, or discontinuation of Third-Party Services.
Your use of a Third-Party Service may be subject to the terms and policies of its provider.
17. ADVERTISING, ENDORSEMENTS AND REQUIRED DISCLOSURES
If you receive or may receive money, free products, discounts, Rewards, commissions, tickets, experiences, access, or another benefit in connection with content you create or distribute, you are responsible for clearly disclosing that relationship where required by applicable law or platform rules.
You agree to comply with applicable advertising, endorsement, testimonial, consumer-protection, and social-platform requirements.
The Brand may provide specific disclosure instructions as part of a campaign.
Compliance with those instructions may be a condition of participation, approval, or payment.
You may not falsely state or imply that you are an employee, agent, official spokesperson, or authorized representative of the Brand.
18. SMS TERMS
Where you expressly opt in to receive SMS or MMS messages from Creator Rewards, you consent to receive recurring text messages at the mobile telephone number you provided.
Messages may include verification codes, account notifications, campaign or challenge updates, Reward information, affiliate or commission information, reminders, service-related communications, and promotional messages.
Message frequency may vary. Message and data rates may apply.
Your wireless carrier's standard message and data rates may apply.
You may opt out at any time by replying STOP. After submitting an opt-out request, you may receive a final confirmation message. You will no longer receive messages from that SMS program unless you subsequently opt in again.
Reply HELP for assistance or contact info@CreatorRewards.io.
Consent to receive marketing text messages is not a condition of purchasing any goods or services.
Wireless carriers are not liable for delayed or undelivered messages.
Mobile information will be handled in accordance with the Brand's Privacy Policy. Mobile information will not be shared with third parties or affiliates for their own marketing or promotional purposes except as permitted by applicable law and described in the Privacy Policy.
Creator Rewards is the Brand associated with this SMS program.
19. PRIVACY
The Brand's collection and use of personal information in connection with the Program is governed by the [BRAND NAME] Privacy Policy, available at:
[PRIVACY POLICY URL]
The Brand may use service providers to process information on its behalf in connection with operation of the Program.
By using the Program, you acknowledge that you have been provided access to the Privacy Policy.
20. BRAND INTELLECTUAL PROPERTY
The Brand's names, logos, trademarks, service marks, designs, photographs, graphics, videos, advertisements, products, slogans, and other proprietary materials (“Brand Materials”) are owned by or licensed to the Brand.
Participation in the Program does not transfer ownership of Brand Materials to you.
To the extent necessary to participate in a campaign, the Brand may grant you a limited, revocable, non-exclusive, non-transferable right to use designated Brand Materials solely for the applicable campaign and in accordance with Campaign Terms.
Unless otherwise authorized, you may not use Brand Materials in a manner that falsely suggests sponsorship, endorsement, employment, partnership, or another relationship beyond your actual participation in the Program.
21. SUSPENSION, DISQUALIFICATION AND TERMINATION
The Brand may suspend, restrict, disqualify, or terminate your participation or account where it reasonably determines that:
(a) you violated these Terms or Campaign Terms;
(b) you engaged in suspected fraud, manipulation, abuse, or unlawful activity;
(c) your conduct creates security, operational, reputational, or legal risk;
(d) continued participation could harm the Brand, another Participant, a service provider, or third party;
(e) a third-party platform or service provider requires the action; or
(f) suspension is reasonably necessary to investigate suspected misconduct.
The Brand may modify, suspend, or discontinue a Program or campaign, subject to applicable Campaign Terms and law.
Suspension or termination does not create an entitlement to Rewards or commissions that were not otherwise validly earned, approved, and payable.
22. RELATIONSHIP BETWEEN YOU AND THE BRAND
Unless you and the Brand separately agree otherwise in writing, participation in the Program does not create an employment, partnership, joint venture, franchise, agency, fiduciary, or similar relationship between you and the Brand.
You have no authority to bind the Brand or enter into agreements on its behalf.
Participation in one campaign does not guarantee participation in future campaigns or continued access to the Program.
Nothing in these Terms guarantees any minimum amount of work, compensation, Rewards, commissions, or opportunities.
23. TECHNOLOGY PROVIDERS
The Brand may use third-party technology providers to host, operate, administer, track, verify, communicate, process data for, or otherwise support the Program.
Such providers may include Shoppable Social, Inc.
Unless expressly identified as the sponsor of a particular campaign, a technology provider:
(a) provides technology or administrative infrastructure to the Brand;
(b) does not determine the Brand's Rewards, commission rates, campaign requirements, or product offerings;
(c) is not the seller or provider of the Brand's products or services;
(d) is not your employer merely because you use the provider's technology; and
(e) is not responsible for the Brand's obligations to you.
To the maximum extent permitted by applicable law, the protections, disclaimers, limitations of liability, and indemnification provisions contained in these Terms that relate to operation of the technology or Program will also apply for the benefit of the Brand's technology providers and their affiliates, officers, directors, employees, contractors, and agents.
The Brand's technology providers are intended third-party beneficiaries of this Section and provisions expressly stated to protect them.
24. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND ASSOCIATED TECHNOLOGY ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
THE BRAND DISCLAIMS WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
THE BRAND DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPLETELY ACCURATE.
THE BRAND DOES NOT GUARANTEE CONTENT APPROVAL, PARTICIPATION OPPORTUNITIES, FOLLOWER GROWTH, EXPOSURE, SOCIAL-MEDIA PERFORMANCE, VIEWS, ENGAGEMENT, SALES, CONVERSIONS, REWARDS, COMMISSIONS, INCOME, OR OTHER RESULTS.
METRICS, ATTRIBUTION, REPORTING, AND OTHER INFORMATION MAY DEPEND UPON THIRD-PARTY SYSTEMS AND MAY BE DELAYED, INCOMPLETE, OR INACCURATE.
25. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRAND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS, LOST OPPORTUNITIES, LOST REWARDS, OR LOST COMMISSIONS ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS.
THE BRAND SHALL NOT BE RESPONSIBLE FOR LOSSES RESULTING FROM THIRD-PARTY PLATFORM OUTAGES, API CHANGES, SOCIAL-MEDIA PLATFORM ACTIONS, PAYMENT-PROVIDER ACTIONS, INTERNET FAILURES, UNAUTHORIZED ACCESS, OR OTHER CIRCUMSTANCES OUTSIDE ITS REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRAND'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT, IF ANY, PAID DIRECTLY BY YOU TO THE BRAND IN CONNECTION WITH THE PROGRAM DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
26. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Brand and its affiliates, officers, directors, employees, contractors, agents, and service providers from third-party claims, demands, damages, liabilities, losses, judgments, costs, and reasonable attorneys' fees arising out of or relating to:
(a) your Participant Content;
(b) your use or misuse of the Program;
(c) your violation of these Terms or Campaign Terms;
(d) your violation of applicable law;
(e) your infringement or violation of another person's rights;
(f) fraudulent, deceptive, or manipulative activity conducted by or through your account; or
(g) your representations, advertisements, endorsements, statements, or other conduct in connection with the Program.
27. FORCE MAJEURE
The Brand will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, government action, power outages, telecommunications or Internet failures, cyberattacks, third-party platform failures, API outages, payment-network disruptions, or failures of service providers.
28. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or litigation concerning a dispute arising out of or relating to these Terms or the Program (“Dispute”), you and the Brand agree to attempt to resolve the Dispute informally.
The party asserting a Dispute must provide written notice containing:
(a) a description of the Dispute;
(b) the factual and legal basis of the claim;
(c) the specific relief requested; and
(d) sufficient information for the other party to evaluate the claim.
Notices to the Brand must be sent to:
[BRAND LEGAL/DISPUTE EMAIL]
The parties will attempt in good faith to resolve the Dispute for sixty (60) days following receipt of a compliant notice before commencing formal proceedings, except where applicable law permits immediate relief.
29. OPTIONAL ARBITRATION PROVISION — BRAND MUST COMPLETE BEFORE USE
IMPORTANT: A Brand should not activate this Section merely by publishing this template. The Brand should have its counsel confirm the arbitration administrator, governing law, consumer fee provisions, opt-out procedure, and enforceability in jurisdictions in which its Participants reside.
If adopted by the Brand, the following applies:
To the fullest extent permitted by applicable law, any Dispute that cannot be resolved through Section 28 shall be resolved through final and binding individual arbitration administered by [ARBITRATION PROVIDER] pursuant to [APPLICABLE CONSUMER RULES].
The arbitrator may award relief available under applicable law, but only to the individual party seeking relief and only to the extent necessary to resolve that individual's claim.
YOU AND THE BRAND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
JURY TRIAL WAIVER. To the maximum extent permitted by applicable law, you and the Brand waive the right to trial by jury for Disputes covered by a valid arbitration agreement.
Opt-Out: Participants may opt out by sending written notice to [ARBITRATION OPT-OUT EMAIL] within thirty (30) days after first accepting the arbitration agreement. The notice must identify the Participant and clearly state the Participant's decision to opt out.
30. TIME LIMIT FOR CLAIMS
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Program must be commenced within one (1) year after the claim accrues.
This provision does not apply where applicable law prohibits shortening the applicable limitations period.
31. GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of [BRAND'S STATE/JURISDICTION], without regard to conflict-of-laws principles, except where applicable law requires otherwise.
For Disputes not subject to a valid arbitration agreement, jurisdiction and venue shall lie in the state or federal courts located in [BRAND'S COUNTY, STATE], except where applicable law requires otherwise.
32. CHANGES TO THE PROGRAM OR THESE TERMS
The Brand may modify, suspend, discontinue, or update features of the Program from time to time.
The Brand may also update these Terms.
Where required by applicable law, the Brand will provide appropriate notice of material changes.
Continued use of the Program after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
33. ELECTRONIC COMMUNICATIONS AND ACCEPTANCE
You agree that agreements, disclosures, notices, and other communications relating to the Program may be provided electronically.
Your electronic acceptance of these Terms has the same legal effect as a physical signature to the extent permitted by applicable law.
You should retain a copy of these Terms for your records.
34. GENERAL TERMS
These Terms, the Brand's Privacy Policy, applicable Campaign Terms, and additional terms expressly incorporated herein constitute the applicable agreement concerning your participation in the Program.
If any provision is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in effect.
The Brand's failure to enforce a provision does not constitute a waiver.
You may not assign or transfer your rights under these Terms without the Brand's prior written consent.
The Brand may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law.
The Brand may cooperate with lawful requests from courts, regulators, law-enforcement agencies, or governmental authorities as required or permitted by applicable law.
Sections that by their nature should survive termination—including provisions concerning content rights, intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and accrued rights—will survive termination.
35. CONTACT INFORMATION
Brand Legal Name: [BRAND LEGAL NAME]
Registered/Consumer-Facing Brand Name: [BRAND NAME]
Mailing Address:
[BRAND ADDRESS]
[BRAND ADDRESS]
General Support:
[SUPPORT EMAIL]
[SUPPORT EMAIL]
Privacy Contact:
[PRIVACY EMAIL]
[PRIVACY EMAIL]
Copyright/DMCA Contact:
[DMCA EMAIL]
[DMCA EMAIL]
SMS Support:
[SMS SUPPORT EMAIL]
[SMS SUPPORT EMAIL]
Legal/Dispute Notices:
[LEGAL EMAIL]
[LEGAL EMAIL]