CREATOR BOOSTING LLC
Creator Terms and Conditions
1. Acceptance
By signing the Creator Campaign Services Agreement (the "Agreement"), you confirm that you have read and accept these Creator Terms and Conditions (the "Terms"). Throughout these Terms, Creator Boosting LLC is called "Creator Boosting," "we," "our," or "us." The Agreement and these Terms together make up the entire arrangement between you and Creator Boosting.
By accepting, you specifically acknowledge that:
- Disputes are settled through binding individual arbitration, and you give up the right to a jury trial or class action (Section 16).
- Creator Boosting does not guarantee earnings, results, or the continued availability of any platform (Section 9).
- You are responsible for keeping your platform accounts in good standing, and losing an account does not cancel what you owe (Section 9).
We may revise these Terms from time to time. We will notify you of material changes by email, with reasonable advance notice. If you continue using our services after a change takes effect, you accept the revised Terms.
2. Eligibility
You represent and warrant that:
- You are at least 18 years old and legally able to enter into the Agreement.
- If you sign on behalf of a business, you are authorized to bind that business.
- You are using our services for commercial purposes related to affiliate marketing programs.
3. Scope of Services
Creator Boosting provides paid advertising management, campaign optimization, and reporting services built around your content. The services are designed to help you earn revenue through Amazon's affiliate programs, including Amazon Associates, the Amazon Influencer Program, and Amazon Creator Connections. Our services focus exclusively on Amazon.
4. Definitions
Capitalized terms used in these Terms have the following meanings:
- "Campaign Tracking IDs" means the Amazon tracking IDs you create in your own Amazon account and assign exclusively to Creator Boosting for paid campaigns, as described in the Agreement.
- "Campaign Earnings" means all commissions, bonuses, bounties, Creator Connections revenue, and other Amazon Associates or Amazon creator program payments attributed to Campaign Tracking IDs, net of returns and cancellations.
- "Media Spend" means the gross advertising costs Creator Boosting incurs for your campaigns in a given month.
- "Management Fee" means Creator Boosting's monthly fee equal to a flat 30% of Media Spend, as set out in the Agreement.
- "Creator Content" has the meaning given in the Agreement.
- "Affiliate Program Data" means performance data, commission reports, bonus information, and other Amazon program information that you choose to share with Creator Boosting for campaign management and optimization, where your Amazon Associates Operating Agreement permits it.
5. Intellectual Property
Creator Boosting's property. Our tools, platform, media buying infrastructure, campaign methods, proprietary systems, data models, and all related technology and processes belong exclusively to Creator Boosting. Nothing in the Agreement or these Terms transfers or implies any ownership interest in them to you. Your access to our tools and portal is a limited license only, as described below, and gives you no claim to our systems or methods.
Your content. You keep ownership of your Creator Content. Our right to use Creator Content in paid campaigns is governed by the content license in Section 7 of the Agreement. In addition, you grant us a revocable, non-exclusive, royalty-free license to use your links and Affiliate Program Data as needed to provide the services. We will use your name, content, or results in our own marketing, such as case studies, only with your prior consent.
Your license to our tools. We grant you a limited, revocable, non-exclusive, non-transferable license to use our tools and portal solely in connection with the Agreement. This license ends immediately when the Agreement ends.
6. Your Obligations
You agree to:
- Provide all platform access and permissions we need to deliver the services.
- Run the Creator Boosting Creator Connections script on the schedule we specify.
- Follow all applicable laws, FTC guidelines, and platform policies. Failing to do so is a material breach.
- Tell us promptly about any change to your affiliate program status, account standing, or program terms.
- Keep your Amazon Associates account and all platform credentials secure. If you learn of any unauthorized access, compromise, or security breach affecting your accounts, you must notify us immediately. We are not responsible for campaign disruption or lost earnings caused by unauthorized access to your accounts.
- Where your Amazon Associates program agreement permits, share Affiliate Program Data with us through a method we both agree on, for campaign management and optimization.
7. Our Obligations
Creator Boosting agrees to:
- Fund and manage paid advertising campaigns as described in the Agreement.
- Provide reporting by email or through our portal showing estimated spend and earnings during the month. As stated in Section 8, these estimates are for your reference only; the monthly invoice is the official record.
- Keep your Affiliate Program Data confidential and use it only to deliver the services.
8. Campaign Management and Media Spend
Campaign adjustments. Creator Boosting has full discretion to adjust, pause, reduce, or otherwise change Media Spend and campaign activity for any creator at any time. We may do so based on campaign performance, platform conditions, risk assessment, or any other factor we consider relevant. We are not required to maintain any particular spend level or campaign intensity. Such changes are not a breach of the Agreement and do not entitle you to any refund, compensation, or damages.
How media is purchased. We buy advertising through our own in-house media buying platform, across multiple sources and for many creators at once. Media costs are pooled, managed, and reconciled internally. We therefore do not provide, and you should not expect, source media receipts, platform-level spend records, or third-party documentation of advertising costs.
Invoice is final. The Media Spend on your monthly invoice is final. It is calculated by our internal platform and cannot be disputed on the basis of spend verification. If this arrangement does not suit your business, Creator Boosting may not be the right fit for you.
Portal estimates. Spend figures shown in our portal during the month are estimates for your reference only. They are not the official record; your invoice is.
No audit rights. You have no right to audit, inspect, request, or demand any documentation of our Media Spend. This includes source receipts, platform invoices, ad account data, campaign reports, and third-party spend verification of any kind. Our monthly invoice is the sole and final record of Media Spend and cannot be challenged, disputed, or audited on any basis. By signing the Agreement, you expressly waive any right to audit or verify our Media Spend.
9. Platform Risk and Disclaimers
Platform decisions. Amazon may change, suspend, or end its programs, accounts, or tracking tools at any time and for any reason. Creator Boosting does not control those decisions and does not guarantee that any program, account, or earning opportunity will stay available.
Loss of a platform account. If any of your accounts on Amazon or another platform is suspended, terminated, or loses eligibility for any reason:
- All outstanding Creator Boosting invoices remain due and payable in full.
- All Media Spend committed or incurred before the account loss remains fully recoverable from you.
- Creator Boosting is not liable for any lost earnings, commissions, or opportunities caused by the account loss.
- Creator Boosting may terminate the Agreement immediately by written notice.
Your payment obligations do not depend on the status of your platform accounts and continue after any account loss.
No guarantee of results. Creator Boosting does not guarantee any particular earnings, revenue, commissions, or performance. Results depend on factors outside our control. Any examples in a Creator Boosting document are for illustration only.
Disclaimer of warranties. TO THE FULLEST EXTENT ALLOWED BY LAW, CREATOR BOOSTING PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Financial Terms
Invoices. Creator Boosting issues invoices around the 1st of each month for the prior month's Media Spend and any applicable Management Fee, calculated as set out in Section 4 of the Agreement.
Payment due. Payment is due within 15 days after you receive your Amazon program payout.
Late payment. Overdue amounts accrue interest at 2% per month, compounded, from the due date until paid in full.
Disputes. You must submit any invoice dispute in writing within 10 days of receiving the invoice, identifying the specific line items in question. General objections are not valid disputes. Disputes over Media Spend are not valid disputes; see Section 8. Undisputed amounts remain due while any dispute is open. An invoice not disputed in writing within 10 days is accepted in full.
Chargebacks. You agree not to start a chargeback or payment reversal with any bank or payment processor for amounts owed to Creator Boosting unless you have first completed the dispute process above. Doing so is a material breach, and you will be responsible for all resulting costs we incur, including processing fees and attorneys' fees.
Collections. At our discretion, balances more than 30 days past due may be sent to a collections agency. You are responsible for all collection costs, including agency fees and reasonable attorneys' fees. Where the law allows, we may report unpaid balances to credit bureaus.
Survival. All payment obligations continue after the Agreement ends.
11. Term and Termination
Term. The Agreement runs for 12 months from the Effective Date and renews automatically each year unless either party gives written notice of non-renewal at least 30 days before the current term ends.
Termination for convenience. Either party may terminate the Agreement with 30 days' written notice.
Termination by Creator Boosting. We may terminate the Agreement immediately if: (a) you materially breach the Agreement or these Terms; (b) your platform account is suspended or terminated; or (c) we decide, in our sole discretion, that continuing campaigns is not economically viable.
Effect of termination. Termination does not release you from payment obligations that arose before the termination date. All outstanding invoices remain due.
Survival. Confidentiality, non-disparagement, indemnification, limitation of liability, payment obligations, and dispute resolution continue after termination.
12. Indemnification
You agree to indemnify, defend, and hold harmless Creator Boosting and its affiliates, officers, employees, and agents against all third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your breach of the Agreement, these Terms, or any representation or warranty you have made.
- Your violation of any law, regulation, or platform policy.
- Your Creator Content, endorsements, statements, or conduct.
- Any claim that your content or materials infringe a third party's intellectual property rights.
- The suspension, termination, or loss of eligibility of any of your platform accounts.
- Any unauthorized access to or compromise of your platform accounts.
- Your gross negligence, fraud, or willful misconduct.
Procedure. We will promptly notify you of any claim covered by this section. You may control the defense, using counsel reasonably acceptable to us, and we may take part with our own counsel at our own expense. You may not settle any claim in a way that places obligations on Creator Boosting without our prior written consent.
13. Limitation of Liability
EXCEPT FOR INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, AND INTENTIONAL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. CREATOR BOOSTING'S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO CREATOR BOOSTING DURING THE THREE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
14. Confidentiality and Data Access
Mutual confidentiality. Each party will keep the other's non-public information strictly confidential. This includes the terms of the Agreement and these Terms, financial information, performance results, and all communications between the parties.
Your specific obligations. You agree not to:
- Share, forward, or disclose any Creator Boosting communication, invoice, or report to a third party, including other creators, brands, or Amazon representatives.
- Work with other creators, using information you received from Creator Boosting, to dispute invoices, withhold payment, or influence platform relationships.
Breaching these obligations is a material breach and may lead to immediate termination and legal action. Confidentiality obligations last indefinitely for trade secrets, and for all other confidential information, for as long as it remains non-public.
Access to Affiliate Program Data. Where your Amazon Associates Operating Agreement permits it, you authorize Creator Boosting to access your Amazon Associates performance data and account information solely for campaign management. We are bound by the same confidentiality obligations Amazon requires of parties with whom Associates may share program information. We will treat this data as confidential, use it only to provide the services, and not disclose it to any third party. You alone are responsible for making sure this arrangement complies with your Amazon program obligations, and you will tell us promptly if Amazon's policies change in a way that affects this access.
15. Non-Disparagement
During the term of the Agreement and afterward, you agree not to make any public or private statement that could reasonably damage Creator Boosting's reputation, business relationships, or goodwill. This applies whether you speak directly or through others, and covers online reviews, social media, platform communications, and any other channel. Creator Boosting accepts the same obligation toward you. This obligation survives termination, and either party may seek an injunction for a breach in addition to any other remedy. Nothing in this section restricts truthful statements required by law or legal process.
16. Dispute Resolution
Step 1: Informal resolution. Before starting arbitration, the party raising a dispute must give the other party written notice, and both parties must try in good faith to resolve it within 30 days.
Step 2: Binding arbitration. If the dispute is not resolved informally, it will be settled by final and binding arbitration before a single arbitrator. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or, where a party is located outside the United States, by the International Centre for Dispute Resolution (ICDR). The seat of arbitration is Dover, Delaware, and Delaware law governs wherever the arbitration takes place. The arbitrator's award is final and may be entered in any court with jurisdiction.
Individual claims only. All disputes must be brought individually. You waive any right to bring or join any class, collective, or representative action, whether in arbitration or in court, and the arbitrator has no authority to hear class claims. This waiver is a material term of the Agreement.
Exceptions. Either party may go to court for injunctive or other equitable relief to protect confidential information or intellectual property, or may bring an individual claim in small claims court if it qualifies.
17. General Provisions
Governing law. The Agreement and these Terms are governed by Delaware law. Any court action not subject to arbitration must be filed in Kent County, Delaware.
Notices. Notices may be given by email. Notices to Creator Boosting go to [email protected]. Notices to you go to the most recent email address we have on file for you.
Assignment. Creator Boosting may assign the Agreement without restriction. You may not assign it without our prior written consent.
Independent contractors. The parties are independent contractors. You are responsible for your own taxes and compliance obligations.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as platform outages, policy changes, natural disasters, pandemics, or government action. This does not excuse payment for Media Spend already incurred or invoices already issued.
Entire agreement and order of precedence. The Agreement and these Terms are the complete agreement between the parties on this subject and replace all prior discussions and agreements. If the Agreement and these Terms conflict, the Agreement controls.
Severability. If any provision is found unenforceable, the remaining provisions stay in full effect.
Waiver. Not enforcing a provision does not waive the right to enforce it later.
Claims deadline. Any claim must be brought within 90 days after the cause of action arises. This deadline does not apply to payment obligations or collections.
Updates. Creator Boosting may update these Terms with reasonable notice. If you continue using our services after a change takes effect, you accept the updated Terms.
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