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CREATIVE SERVICES AGREEMENT

THREADBEAST CREATIVE SERVICES AGREEMENT

STANDARD TERMS AND CONDITIONS

Last Updated: May 31,2023

  1. Services.  During the Term, Creator agrees to publish and/or deliver to ThreadBeast all materials pertaining to the Services, including any and all materials incorporating Creator’s name, signature, likeness and image, and any and all videography, photography, biography, blog posts and excerpts, social media content/posts, recipes, crafts, assets, Statements (as defined below), e-newsletters, websites, press releases, media materials and other materials conceived, created, produced or provided by or on behalf of Creator in connection with the Services (collectively, the “Materials”). All Materials will conform to the specifications and instructions outlined by ThreadBeast. ThreadBeast will provide Creator with all necessary briefing materials prior to or in connection with the parties’ execution of the Agreement. Creator understands and acknowledges that ThreadBeast may, but is no obligated to, monitor all published Materials for compliance with the Agreement and ThreadBeast reserves the right to take any actions in its discretion relating to any non-compliant Materials, including requiring Creator to fix the Materials, fixing the Materials itself, withholding payment to Creator and/or terminating the Agreement for Creator’s material breach.

  2. Termination: ThreadBeast may terminate the Agreement, for any or no reason, upon ten (10) days’ written notice to Creator without penalty.  Either party may terminate the Agreement immediately in the event that the other party commits a material breach of the Agreement that is not capable of cure, or, if capable, fails to cure such breach within five (5) days after receiving written notice of such breach. Upon termination of the Agreement for any reason, Creator will (a) deliver all Materials (whether completed or in progress) to ThreadBeast; (b) only be entitled to the Fees (as defined herein) for Services rendered through the date of such termination; and (c) be required to refund to ThreadBeast any unearned, prepaid portion of the Fees within 30 days after such termination.

  3. Relationship:  Creator’s relationship with ThreadBeast under the Agreement is that of an independent contractor and not an employee or agent of ThreadBeast or its affiliates. Creator will not be entitled to any of the benefits which ThreadBeast may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits, and Creator is not authorized to make any representation, contract or commitment on behalf of ThreadBeast or any of its affiliates. 

  4. Compensation: In consideration for the Services satisfactorily rendered and the rights granted by Creator under the Agreement, ThreadBeast will compensate Creator with the fees set forth in the Agreement (the “Fees”). No additional compensation will be provided unless approved in advance and in writing by ThreadBeast. Creator will provide supporting documentation demonstrating the performance of the Services upon ThreadBeast’s request. Creator will be responsible for all payments to any employees, contractors or other agents with respect to the Services rendered and the rights granted by Creator herein.


    If applicable,ThreadBeast will issue an IRS form 1099 to Creator for the value of the Fees paid. Creator will have sole and exclusive responsibility for making all reports, contributions and withholding payments required and all taxes to be collected, withheld, made and paid with respect to Creator’s Services hereunder.

  5. Exclusivity:  Unless ThreadBeast agrees otherwise in writing, during the Term and for a period of ninety (90) days thereafter, Creator agrees not to render any services relating to any products or services competitive to ThreadBeast’s products and services.

  6. Ownership Rights: ThreadBeast is and will be the sole and exclusive owner of all right, title and interest in and to all Materials, including all copyrights and other intellectual property rights therein, and ThreadBeast will have the right (but no obligation) to freely use and exploit the Materials in its sole discretion throughout the world, in any media now or hereafter developed and for any purpose in perpetuity without further compensation to Creator. Without limiting the foregoing, Creator specifically understands and agrees that all Materials created under the Agreement constitute “works made for hire” under the United States Copyright Act (17 U.S.C. § 101), and all right, title and interest in and to the Materials will be owned by ThreadBeast, and Creator will retain no ownership rights whatsoever in or to any Materials. If any Materials are not considered “works made for hire,” Creator hereby assigns to ThreadBeast all right, title and interest in and to all Materials and irrevocably waives any and all claims Creator may now or hereafter have in any jurisdiction to so-called “moral rights” with respect to the Materials. Creator will execute all documents which may be required to vest such right, title and interest to ThreadBeast. ThreadBeast hereby grants to Creator a limited license to use the Materials solely as necessary to perform Creator’s obligations under the Agreement. Creator will not reproduce, distribute, disclose or sell to any third party any of the Materials, or any portion thereof, unless each use is approved in advance and in writing by ThreadBeast. The Materials, including without limitation any Statements, may be used by ThreadBeast in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form. All Materials must be pre-approved by ThreadBeast in writing prior to publishing, and will adhere to the schedule and guidelines provided to Creator by ThreadBeast from time to time. All Materials will be published exactly as approved by ThreadBeast, unless otherwise set forth by ThreadBeast in writing. In the event that Creator publishes any Materials without ThreadBeast’s prior approval or publishes any Materials with changes after ThreadBeast’s approval, ThreadBeast will have the right to demand removal of the published Materials and, upon such request from ThreadBeast, Creator will comply with ThreadBeast’s request by removing the published Materials from all social media channels immediately after receiving such request. In no event will ThreadBeast’s approval of any Materials relieve Creator of Creator’s responsibilities under the Agreement. For the avoidance of doubt, Creator understands and agrees that Creator may not publish any reference to or about ThreadBeast, or its products or services, without ThreadBeast’s prior, written approval.

  7. Name and Likeness Release: Creator hereby grants ThreadBeast, and its affiliates and designees, a royalty-free, worldwide, perpetual, irrevocable license and right to use, publish, display, modify, edit, reproduce and create other derivative works of Creator’s name, likeness, voice, performance, biographical and professional materials, statements, testimonials, logo(s) and any other identifying information (including information that Creator has provided to ThreadBeast and information that is publicly available) (collectively, “Likeness”), and any portion thereof, in any and all media (now or hereafter known) for any and all purposes in connection with (a) the advertising and/or promotion of ThreadBeast’s products and services, and/or (b) the posting, publication and/or any other exploitation of any of the Materials. Creator hereby waives the right to inspect or approve any use of his/her/their Likeness as permitted by the Agreement.

  8. Access to Social Media Accounts:  Upon ThreadBeast’s reasonable request, and for the duration of the Term, Creator agrees to provide to ThreadBeast all information and access reasonably necessary, including so-called “Business Manager Access” or similar, to publish any of the Materials to Creator’s social media channels.

  9. Creator Disclosure:
    • During the Term, whenever Creator addresses or gives an opinion about ThreadBeast or its products or services (each, a “Statement”), Creator is required to disclose Creator’s relationship with ThreadBeast and disclose the fact that Creator is being compensated by ThreadBeast for his/her/their Services (each, a “Disclosure”) as required by the Agreement, the Federal Trade Commission (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “FTC Guides”) and ThreadBeast’s policies, which may be amended from time to time. Creator will also comply with the more detailed guidance regarding Disclosures set forth on Exhibit A (“Standards of Conduct”).

    • Prior to public dissemination of any Statement, Creator and ThreadBeast will agree in writing upon the exact language Creator will use for the required Disclosures.

    • In addition to any other rights or remedies available to ThreadBeast, ThreadBeast reserves the right to immediately terminate the Agreement if, in ThreadBeast’s sole discretion, it determines that Creator has failed to make the required Disclosures, which failure will be deemed a material breach of the Agreement that is not capable of cure. In the event of such a breach, ThreadBeast may request that Creator edit, revise, remove and/or delete such Statement(s) immediately or within such other time period set by ThreadBeast, and ThreadBeast may further require, in its sole discretion, a refund of any Fees paid, the forfeiture of any Fees that may be due or payable to Creator pursuant to the Agreement (if any), and/or the return of any products or other goods that ThreadBeast has furnished to Creator.

  10. Representations and Warranties:  Creator represents, warrants and covenants to ThreadBeast that: (a) his/her/their statements will reflect his/her/their honest views and experience with ThreadBeast’s products and services (and Creator agrees, if necessary, to furnish affidavits and testimony confirming the foregoing); (b) Creator has the right and authority to enter into the Agreement without violating the rights of any third party; (c) Creator will comply with all applicable laws, regulations, administrative guidelines, orders and ordinances, including, but not limited to, laws administered by the FTC, the Food & Drug Administration and equivalent state authorities as well as ThreadBeast’s instructions, guidelines and training (including, without limitation, the FTC Guides and Exhibit A); (d) Creator will not make any false, misleading or disparaging remarks about ThreadBeast or its products or services; (e) none of the Materials will be libelous, defamatory or otherwise inflammatory; (f) Creator’s Services and the Materials supplied by Creator, including all Statements, will be original, have not been previously published or otherwise distributed (in whole or in part), and will not violate or otherwise infringe the intellectual property, privacy, confidentiality, publicity or any other legal rights of Creator or any third parties; (g) to the extent any of the Materials include references to any person, entity or other third party, or the property of such third party, Creator has obtained the applicable consents necessary for such use and Creator will provide evidence of such consent(s) upon request by ThreadBeast; (h) Creator will at all times act in a professional manner in accordance with the highest standards in the industry for services similar to the Services, will not be under the influence of drugs or alcohol, and will not act or engage in any practice or conduct that is or may be deemed an offense involving moral turpitude under federal, state or local laws, or which brings or may bring ThreadBeast into public disrepute, contempt, scandal or ridicule, or that insults or offends the community or any substantial organized group thereof. ThreadBeast’s decisions on all matters relating to the foregoing will be based on ThreadBeast’s reasonable judgment. 

  11. Confidentiality: In performing the Services under the Agreement, Creator may be exposed to certain information deemed proprietary and confidential by ThreadBeast. Creator agrees that Creator will not at any time disclose to anyone any such confidential information without prior written consent from ThreadBeast, except as required by law or legal process. This paragraph will survive the termination or expiration of the Agreement.

  12. Indemnification: Creator will defend, indemnify and hold harmless ThreadBeast, its affiliates, and its and their respective agents, employees, representatives, contractors, successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, suits, actions, losses, damages, costs, judgments, penalties and expenses of any kind (including reasonable legal fees and disbursements) which may be alleged or obtained against, imposed upon or suffered by an Indemnified Party as a result of (a) the material breach by Creator (or Creator’s employees, agents, contractors or representatives) of the Agreement; (b)  ThreadBeast’s exercise of any of the rights granted under the Agreement; (c) any content, statements, information or other Materials supplied by Creator to ThreadBeast in connection with the Services (including, without limitation, any claim that any statements or published content Creator makes about ThreadBeast, or any information, work product or material supplied by Creator to ThreadBeast, defames any third party or violates any federal, state or local laws or any intellectual property, trade secret, privacy or publicity rights of any third party), or (d) Creator’s intentional misconduct or negligent acts or omissions.  ThreadBeast may, at its election, assume the defense, settlement or other resolution of such claim with counsel of its own choosing. This paragraph will survive the termination or expiration of the Agreement. ThreadBeast will not be liable to Creator for any consequential or incidental damages or lost profits, even if ThreadBeast has been advised of the possibility of such losses.

  13. Miscellaneous: The Agreement will be governed and construed in accordance with the laws of the State of California, without giving effect to conflict of law principles, and the parties agree to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California with respect to any actions or claims arising out of the Agreement.  The Agreement, including the attached Exhibit, represents the entire agreement between the parties concerning the subject matter herein.  The Agreement may only be modified or assigned by Creator upon ThreadBeast’s prior written approval. ThreadBeast may revise and update these Standard Terms from time to time in its sole discretion. All changes to these Standard Terms are effective immediately when posted. The date these Standard Terms were last updated is shown at the top of the page. Notwithstanding anything in the Agreement to the contrary, neither party will be liable to the other for failure to comply with any obligation under the Agreement if prevented from doing so by reason of contingencies beyond the reasonable control of the parties, including but not limited to the elements, fires, acts of God or acts or omissions or failures of carriers, utilities or other third parties. No waiver by either party of the nonperformance or breach of any term, condition or obligation to be performed or binding upon the other party under the Agreement will be a waiver of any other nonperformance or breach.  No failure or delay by either party in exercising any right or privilege under the Agreement will operate as a waiver thereof. If any provision of the Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Agreement will continue in full force and effect.

Standards of Conduct

With respect to any promotional messages, photos, posts, videos or other communications made on social media platforms about ThreadBeast and its products and services, all influencers, content creators and other creative service providers must adhere to the following standards of conduct. Failure to adhere to these standards or provide proper Disclosures will be considered a material breach of the Agreement that is not capable of cure.

  • Creator may not:
    • make deceptive or misleading claims about ThreadBeast’s products or services or any of its competitors’ products or services;
    • make any claims about ThreadBeast’s products or services or any of its competitors’ products or services that are not backed up by evidence;
    • disclose any of ThreadBeast’s confidential information;
    • disparage ThreadBeast or any of its products or services;
    • engage in any communication that is defamatory or infringes upon the copyright, trademark, privacy, publicity or other intellectual property rights of others;
    • offer for sale or solicit products or services on behalf of ThreadBeast;
    • make offensive comments that have the purpose or effect of creating an intimidating or hostile environment;
    • post content that promotes bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
    • use ethnic slurs, personal insults, obscenity or other offensive language; and
    • make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving ThreadBeast’s consumers or other individuals.
  • Creator must adhere to:
    • the posted policies, guidelines and terms of use on any platform on which Creator publishes content on behalf of ThreadBeast, understanding that any these platforms’ disclosure requirements about Creator’s connection to ThreadBeast may not necessarily satisfy FTC disclosure requirements; and
    • any additional guidelines provided by ThreadBeast.
  • Creator must not create fake followers or engagement on social media platforms, such as:
    • buying followers;
    • using bots to grow audience size by automating account creation, following, commenting and liking; or
    • posting fake sponsored content.

In general, Disclosures must meet, at a minimum, the following guidelines with respect to content and placement:

  • Content of Disclosure
    • The Disclosure may be made organically with the flow of the post—for example, “ThreadBeast sponsored the creation of this video ….“ or “I worked with ThreadBeast to create this video …” can be used only where another disclosure that the video is “sponsored” or an “advertisement” is included as well.
    • “Sponsored,” “#sponsored,” or similar disclosures indicating that the content was sponsored should only be used when Creator has created the content in compliance with the Agreement.
    • If ThreadBeast wrote, substantially edited (e.g., materially affected the message claims in the content) or otherwise required Creator to include specific copy, then the Disclosure should be “Ad,” “Advertisement,” “#ad,” or a similar disclosure that explains that Creator worked with ThreadBeast to create the content.  “Sponsored” or “#sponsored” or similar disclosures statements implying that the content is “sponsored” instead of an “ad” cannot be used.
    • The following terms, alone, are not permitted as they may not clearly convey to consumers that the post is sponsored: “#sp,” “Thanks ThreadBeast,” or “#partner.”  Note, regardless of whether ThreadBeast had input into Creator’s content, a generic disclosure which doesn’t clearly communicate the connection between Creator and ThreadBeast, such as a disclosure which is only the brand or promotion name (e.g., “#ThreadBeast”), is an insufficient disclosure.
    • When mentioning ThreadBeast as the “sponsor” of the content, Creator must refer to “ThreadBeast,” and not the particular brand or product.
  • Placement of Disclosure
    • The Disclosure should be in a font and size that is easy to read.
    • The Disclosure should be in a color and shade that stands out against the background.
    • The Disclosure must appear at the beginning of the content, not at the end or at the bottom of the page. Readers must not have to wait until the end of a long post, scroll down or click a hyperlink to see the Disclosure.
      • Be mindful of the limited view on various devices (including mobile) and ensure that the Disclosure will appear without the user needing to take an extra step to view it.
      • The Disclosure should be separate from all other hashtags and should not be buried or included in a string of hashtags.
      • Example of an acceptable disclosure: “#ad Check out my new blog post about ThreadBeast’s amazing subscription service! #streetwear #delivered”
      • Example of an unacceptable disclosure: “Check out my new blog post about ThreadBeast’s amazing subscription service! #streetwear #delivered #menslifestyle #ad #curated #confidence”
    • A Disclosure or statement in Creator’s “bio” is not sufficient.
    • Creator should ensure that the Disclosures carry over in the thumbnail when sharing a post (e.g., when Creator shares a YouTube video in a Twitter post, the Disclosure should be made early enough in the Tweet such that it carries over in the thumbnail from YouTube to the Twitter post).
    • For blog posts, Creator should include as the Disclosure a written sentence explaining Creator’s connection with ThreadBeast at the beginning of the blog. Lengthy blog posts should also include a written Disclosure at the end of the post.
    • All social media posts and shares should include a hashtag Disclosure (e.g., #ad, #sponsored, and #paid) at the beginning of the post.
    • For video posts in general, the Disclosure must be on the screen long enough to be noticed, read and understood.
    • For live streaming, Creator should make the Disclosure at regular intervals throughout the video.
    • For any oral Disclosure, Creator must read the Disclosure statement at a cadence that is easy for consumers to follow and in words consumers will understand.
    • Creator must also comply with the following additional video guidelines, which depend on the length of the video content:
      • For videos 15 seconds or less: A verbal Disclosure is required at the beginning of the video and a written Disclosure must appear in the video description (e.g., “I worked with ThreadBeast to create this video”). An on-screen Disclosure is not required given the very short duration;
      • For videos between 15 seconds to 1 minute: in addition to the oral and written Disclosures required above, these videos should also have an on-screen Disclosure at the time the product or service is mentioned;
      • For videos longer than 1 minute: in addition to the oral and written Disclosures, and the on-screen Disclosure when the product or service is mentioned, Creator must also include an oral Disclosure at the end of the video in closing (e.g., “Thanks to ThreadBeast for their help creating this video”).
      • ThreadBeast may provide Creator with a specific on-screen Disclosure in a logo format and Creator is required to use the on-screen Disclosure in the logo format as provided by ThreadBeast without modification.
  • If Creator is a verified Facebook influencer, he/she/they should properly tag the appropriate ThreadBeast brand page according to Facebook’s guidelines (available at https://www.facebook.com/facebookmedia/get-started/branded-content)

ThreadBeast reserves the right to monitor all publications and require Creator to change any content or delete a publication in the event it does not comply with the requirements of the Agreement.

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