Tag: Influencer

1. License to Use Advertiser Trademarks and Content:
   • People First allows the Creator to use the Sponsor’s name, logo, trademarks, and provided content for the specified purpose(s) in the SOW during the duration of the Agreement – This permission is limited and can be revoked.
   • The Creator must use the content as specified or approved by People First or the Sponsor. 
   • The Creator acknowledges that the Sponsor owns the above-mentioned materials and any use doesn’t grant ownership rights. 
   • The Creator cannot dispute the Sponsor’s ownership of the above-mentioned materials.
2. Ownership Rights: The Parties will agree upon one of the ownership options below which will be specified in the SOW. If not specified, “Option 1” will be applied. Additionally, if the SOW does not mention the duration of the Sponsor’s right to use the content, it’s automatically set at twelve (12) months. 

Ownership Option 1 – Standard and Paid Social

• Ownership of Content: The Creator will have complete and permanent ownership of all intellectual property rights related to the Content, except for any Advertiser Works included in it.
• Licenses to Content:
  • The Creator agrees to allow the Sponsor to use their content, including their name and image, on the Sponsor’s Social Media Channels and websites. The Sponsor can also repost the content through sponsored posts on the Sponsor’s Social Media Channels and websites and must give credit to the Influencer when reposting. Additionally, the Sponsor can use the content during the allowed posting period, for internal purposes, and in reviews related to the Sponsor’s products or services. This right is global, long-lasting, and does not require payment.
  • The Creator agrees to allow the Company to use their Content, including their name and likeness, for marketing purposes; including, the Company’s Social Media Channels and other platforms chosen by the Company, such as websites, publications, emails, and brochures. The permission is global, long-lasting, and doesn’t require payment.

Ownership Option 2 – White Listing and Digital

• Ownership of Content: The Creator will have complete and permanent ownership of all intellectual property rights related to the Content, except for any Advertiser Works included in it.
• Licenses to Content:
  • The Creator grants the Advertiser extensive rights to use their content, including name and likeness, in various ways: featuring the content on the Sponsor’s Social Media Channels, reposting the content in sponsored posts on agreed-upon channels, using the content in “white-labeled” posts on the Creator’s Social Media Channels, and utilizing the content in digital media and materials. The Sponsor must give the Creator credit when reposting and can use the content for marketing, internal purposes, and product or service reviews. The permission is global, long-lasting, and doesn’t require payment.
  • The Creator agrees to allow the Company to use their Content, including their name and likeness, for marketing purposes; including, the Company’s Social Media Channels and other platforms chosen by the Company, such as websites, publications, emails, and brochures. The permission is global, long-lasting, and doesn’t require payment.

Ownership Option 3 – Work for Hire

• Ownership of Content: The Creator acknowledges and agrees that any content or creative work they produce for the Sponsor during the Services or Campaign belongs exclusively to the Sponsor. This includes, but is not limited to, notes, records, drawings, designs, inventions, improvements, developments, discoveries, trade secrets, and other related materials. The work product is to be considered “work made for hire,” made specifically for the Sponsor’s benefit. If any work product is not considered so, the Creator must give up all rights to the Sponsor without further compensation. The Creator is expected to help the Sponsor protect these rights and confirm that they have obtained all necessary permissions from their team to assign ownership.

3. License to Work Product: During the duration of the Agreement, People First allows the Influencer to use the Work Product for the Services and Campaign, but it must be reviewed and approved by the Advertiser. After the Agreement ends, the Creator must stop using the Work Product. However, the Creator can continue using it in the way originally featured for a specific period, and for internal purposes. Additionally, if the Creator produces copyrighted materials that are included in the Work Product, prior to the beginning of the campaign, they must grant People First and the Sponsor all rights to use, modify, and distribute the content.
4. Third Paty Licenses: The Creator is responsible for getting necessary licenses and permissions from third parties for any content they include in their work. This includes obtaining authorization from individuals who appear in the content and granting People First and the Sponsor the rights to use their name, likeness, and other information. If requested, the Creator must be able to provide proof. 
5. Indemnification; Limitation of Liability 
   • Indemnification: The Creator is responsible for covering any costs, including legal fees, that People First or the Sponsor may receive as a result of the Creator, their content, or their actions, including claims regarding intellectual property rights, business practices, and any fraudulent or deceptive activities.
   • Limitation of Liability: People First is not accountable for any misconduct by the Creator. The accuracy and responsibility for Content created by the Creator is solely on the Creator. People First is not liable for any issues arising from the Content.
6. Confidentiality: The Creator recognizes and agrees that People First and the Sponsor value privacy and take measures to maintain confidentiality. Creators may not share or disclose confidential information, including but not limited to financial details, the Sponsor’s identity, contact information, marketing plans, to anyone else. Revealing confidential information can result in legal action.
7. Non-circumvention: During the duration of the Agreement and for 90 days after it ends, the Creator cannot try to make deals or negotiate with the Sponsor without People First’s permission.

Click here to view the full Terms of Use.

If you have any questions or concerns regarding the Terms of Use, please feel free to contact the People First Social Club team via email or social media. 

Be honest… have you read through People First’s Influencer Terms of Use? 

We would not be surprised if you haven’t! Although every Creator Portal user is required to agree to our Influencer Terms of Use when creating an account, it’s no secret that people skim—or even skip—the Terms of Use upon encountering the text.

However, we believe that it is important for each and every one of our creators to know the Terms and Conditions they are accepting when participating in a paid partnership opportunity. 

Here is a brief rundown of the terms you are agreeing to be bound by when working on a campaign with People First…

1. Scope(s) of Work:
   • People First is responsible for defining the project and its work requirements before accepting participants to a project. 
   • Creators should be aware of the kind of content they are being asked to create (Video vs. Static), the amount of content they are being asked to produce, where the content will be published, (e.g, Instagram, TikTok, Youtube), and a set rate for the partnership before drafting content for a campaign. 
2. Development and Approval of Content:
   • Creators are responsible for submitting all content materials (videos, photographs, captions, etc.) for approval prior to posting. If People First or its Sponsors request/require any edits to the content materials, the Creator must incorporate such edits and resubmit their content materials for final approval. 
   • Deadlines for submissions, resubmissions, and dates for publishing are subject to change and People First is committed to being flexible where possible. 
   • People First is also committed to ensuring that Sponsors provide constructive feedback on Creator submissions, so that no more than 2 rounds of revisions are necessary. 
   • If the Creator posts content without approval, People First has the option to terminate the Agreement, require the Creator to remove or archive the post, and/or reduce compensation. Failure to remove content that was published without approval may result in account suspension. 
   • If the Creator makes suitable edits according to People First or the sponsor’s request, but the Content is still not approved for publication, the Agreement and/or SOW may be determined with notice. In this case, the Influencer is entitled to a termination fee of 20% of the total compensation for the time and effort that went into their submission. 
   • Additionally, the Sponsor may require Creators to make ongoing reservations to the content (assuming new information becomes available that disproves previous statements).
3. Objectionable Content:
   • Under no circumstances are Creators asked or encouraged to make false or misleading claims about our Sponsors or any of their products and services. 
   • Under no circumstances are Creators permitted to create or post any content that is illegal, obscene, or harmful for the reputation of People First, our Sponsors, or any of their respectives products or services. 
   • In other words, all content must be truthful, accurate, and appropriate. Otherwise, People First has the right to terminate the agreement and/or sue the Creator for damages. 
4. Exclusivity:
   • Under no circumstances are Creators permitted to mention or promote any other brands or trademarks in their content except for those associated with the Sponsor. 
   • Creators may only tag the Sponsor’s pages and social media handles on any posts that include the specified content. 
   • Creators are permitted to promote other brands during the course of the campaign, unless otherwise agreed upon. 
5. Influencer Representations and Warranties: 
   • The Creator agrees to submit content that adheres to the campaign’s guidelines & requirements. Submissions that do not align with the campaign’s objectives will not be accepted or eligible for a termination fee.
   • The Creator agrees to follow all applicable laws and regulations, including those set forth by Social Media Channels. This includes complying with their terms of use and privacy policies. 
   • The Creator agrees to having all the necessary permissions to create the content for the campaign, and that the content does not violate any else’s intellectual property rights, copyright infringements, or trademark laws. 
   • All Creators must be 18 years of age or older and must be able to provide proof if requested by People First. 
   • All Creators agree that they will not do anything to artificially increase their follower count or engagement on social media (i.e. purchasing fraudulent followers or likes). Failure to comply may result in account suspension. 
6. Compensation: Upon completion of the agreed-upon Services and Campaigns, People First will pay the Creator as specified in the Agreement in accordance to the following terms…
   • Payment can only be initiated after the approved assets have been posted & the link to the deliverable(s) has been published to the Creator Portal. 
   • Payments made to participants are issued via Stripe.
   • Creators are responsible for maintaining and updating their payment information as needed on their Stripe dashboard. 
   • Payment to Creators is due within 10-15 business days following the publication of all the approved assets.
   • If the Creator fails to claim or request payment on or before 180 days after completion of the Campaign it may result in a forfeiture of payment. 

Alternative Compensation Routes: 

• Very rarely does People First grant exceptions for alternative payment routes. It is with safety and security in mind that we use Stripe wherever possible. 
• ACH payments can be made possible to Creators that are being represented by an agent or agency. An invoice and W8/W9 are required in order to process the payment within 30 days. 
• PayPal payments can be made possible to International Creators after 10-15 days following the publication date. 

7. Term: Termination
   • Term: The Agreement between People First and the Creator is effective immediately following application approval and remains in effect until the Campaign has officially concluded. 
   • Termination: People First can terminate the Agreement for any of the following reasons:
     1. Immediately, with notice to the Creator, if the Agreement with the Sponsor is terminated.
     2. If the Creator violates Sections 3 or 5 of the Agreement AND fails to fix/remedy the violation within 24 hours.
     3. Immediately, with notice to the Creator, if the Creator or relevant parties engage in actions causing significant negative publicity, scandal, or disrepute.
   • Termination Fees: If People First or one of its Sponsors terminates the Agreement or SOW, People First will compensate the Creator 20% of the total compensation for their time & effort. This fee only applies to Creators that submitted content for review, but were rejected by the Sponsor to participate in the campaign.

Stay tuned for part II of “Understanding People First’s Influencer Terms of Use.”