Creator Agreement
This Creator Agreement (“Agreement”) is between you and Aethos Solutions LLC, the operator of the Canvas UGC Marketplace (“Canvas UGC Marketplace”, “we”, “us”). It applies to everyone who registers as a creator and is part of, and governed by, the Terms of Service. Capitalised words have the meanings given in the Terms.
The Terms of Service cover accounts, payments, intellectual property, disclaimers, liability, indemnity and arbitration. This Agreement adds the rules specific to creators: how work is offered and delivered, what you must and must not publish, exactly how you are paid, how your Posts are measured, and what happens if metrics are inflated or falsified. Where the two conflict on a creator-specific matter, this Agreement controls. The terms of each Offer you accept are recorded at acceptance and are part of your contract with that Brand.
1.Independent Contractor
2.Eligibility and Connected Accounts
3.How Work Happens
- Profile and applications. Signed-in Brands can see your profile. When you apply to a Campaign you choose which accounts and videos to put forward. Applying gives no right to an Offer.
- Offers. A Brand sends you an Offer with exact terms: the work, the schedule, the review time, the Guaranteed Pay, any Performance Pay or View Goal, who owns the Videos, and any reuse terms. You have 7 days to accept or decline. You may propose different terms (the total pay, who owns the Videos and a reuse price); a proposal is not an acceptance, moves no money, and binds no one until the Brand sends an Offer on those terms and you accept it.
- Acceptance. When you accept, the Offer becomes an Agreement on exactly those terms, and the money for it is reserved from the Brand’s Campaign Funds in the same step. The terms of an Agreement never change afterwards.
- Delivery. You deliver each Video by its agreed day, exactly as your Agreement asks: for videos-only work, an uploaded MP4 or MOV file (up to 4 GB); for posted work, a link to the Post on the connected account you agreed to post from, or one Post on each platform the Agreement names; and the original file as well when the Agreement asks for it. Each Post must be in your own connected account and cannot be delivered for two Videos. Lateness is judged by the platforms’ own publish times.
- Drafts and captions. If your Agreement asks for drafts, you upload each Video for the Brand to approve before you post it, and you post only an approved draft. A draft the Brand does not decide on within the review time is approved. If your Agreement lists hashtags, accounts to tag or a disclosure, we check your caption when you submit; you may submit with something missing, and the Brand is shown what is missing.
- Files. Uploaded files and drafts are kept for 90 days after each is decided and then deleted. The record of what you delivered is kept.
- Review. The Brand has the review time in your Agreement (never less than 48 hours or more than 7 days) to approve the Video, ask for changes (at most 2 times per Video) or reject it with a reason. If the Brand does not decide in time, the Video is approved and paid automatically. After a change request you have 5 days to deliver a replacement.
- Disputes. You may dispute a rejection within 5 days. A person at Canvas UGC Marketplace reads both sides and decides; disputes are never decided automatically.
- Missed days. If a Video is not delivered by its day, both sides are told and the day stays open so you can still deliver. After 3 days the Brand may close that day, and the money for that Video returns to the Brand.
- Finishing. When every Video is approved the Agreement is complete. The Brand records the outcome; if it does not within 14 days, it is recorded as completed. Each side may then review the other once.
4.Content Standards
Every video you deliver under an Agreement must:
- Be your original work, made by you for that Agreement, and follow the agreed terms and instructions;
- Use only music, footage, images, fonts, trademarks and other material you own or are licensed to use for commercial content on that platform (for music, use the platform’s commercial or business music library; a track available to personal accounts is often not licensed for branded content);
- Feature no identifiable person other than you without their written consent, and no minor without a parent or guardian’s lawful consent;
- Make no claim about the Brand’s product that is not in the brief or that you cannot substantiate, and no health, financial, earnings, safety or comparative claim unless the brief expressly authorises it and the law permits it;
- Contain nothing unlawful, defamatory, hateful, harassing, sexually explicit, dangerous or deceptive, and nothing that breaches the platform’s community guidelines or branded-content rules;
- Not promote, and not be published on accounts that promote, gambling, tobacco, vaping, weapons, adult services, or other regulated categories unless the brief expressly allows it and the law and platform permit it; and
- Be published only on the accounts and platforms agreed for that Agreement.
The Brand may reject, and we may require you to remove, a Video that does not meet these standards.
5.Disclosure and Honesty
6.How You Are Paid
7.How Posts Are Measured
8.Inflated or Falsified Metrics
Buying, botting, podding or otherwise artificially inflating views or engagement on a Post delivered under an Agreement; submitting a link, file or account that is false or not yours; or altering any evidence, is a material breach. On such a breach we may: decline Performance Pay for the affected Posts; reject or reverse the affected Videos; withhold unpaid amounts connected to the breach; reverse and recover any amount already paid that the breach produced, including by set-off, by repayment demand or through Stripe; terminate your account permanently; and report the conduct to the Brand, the platforms, payment providers and law enforcement.
9.Ownership and Reuse
10.Keeping Posts Live
You agree not to delete, archive, make private or materially edit a delivered Post, and to keep the account it is on connected to the Service, for 30 days after it went live or until its last Performance Pay or View Goal day has passed, whichever is later, except where the Post is rejected, where the law or a platform requires removal, or where you have a genuine safety concern (tell us first). A Post taken down before its views are counted may have its Performance Pay held for a person to decide. After that period you may do as you wish with the Post, subject to any reuse permission you have granted.
11.Confidentiality
Campaign briefs, unreleased product information, rates, Brand contacts and anything a Brand marks confidential are the Brand’s confidential information. Use it only to perform the Agreement, do not share it, and do not publish content about it beyond the agreed Videos. This survives for three years after the Agreement ends, or indefinitely for trade secrets.
12.Conduct and Non-Circumvention
- Do not contract with, invoice or accept payment from a Brand you met through the Service for work on that Brand’s products outside the Service for twelve months after your last Agreement together.
- Do not disparage a Brand, its product or us in connection with an Agreement; honest, disclosed opinions in your content are not disparagement.
- Do not contact a Brand’s customers, staff or partners about an Agreement except through the Service.
- Do not apply to a Campaign from more than one account, or on behalf of another person.
- Follow the Acceptable Use rules in Section 8 of the Terms.
13.Term and Termination
14.Warranties and Indemnity
You represent and warrant that:
- You are at least 18, are legally able to enter this Agreement, and are not barred from working as a contractor in your country;
- You own or control every platform account you connect or post from and every element of every video you deliver;
- Your content is truthful and no view, like, comment or other metric on a Post you deliver has been artificially inflated;
- Your performance under this Agreement does not breach any other agreement you have, including any exclusivity you owe another brand; and
- The payout account you connect through Stripe is yours.
The indemnification, release, disclaimer and limitation of liability in Sections 13 to 15 of the Terms apply to this Agreement. In particular you will indemnify us and the Brand for claims arising from your content, your failure to disclose, your breach of a platform’s terms, or inflated or falsified metrics.
15.General
The dispute-resolution and arbitration agreement, governing law, notice, assignment and change provisions of the Terms apply to this Agreement. We may update this Agreement as described in Section 18.1 of the Terms; no change ever alters the terms of an Offer you have already accepted. Campaigns you were contracted to under the Service’s earlier process (concept approval, creator view reports and tiered pay per view) remain governed by the version of this Agreement in force at the time. Your acceptance of this Agreement is recorded with a timestamp and version on your profile.
16.Contact
- Email: support@canvasugcmp.com
- Mail: Aethos Solutions LLC, 3680 Wilshire Blvd, Ste P04-1212, Los Angeles, CA 90010, United States