Creator Terms of Service

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

These Creator Terms of Service between you (“Creator”) and Linqia, Inc. (“Linqia”) govern Creator’s use of the Linqia platform and, in connection with any advertising campaign for which the Creator is engaged to provide services (a “Campaign”), these Creator Terms of Service, together with (i) the Creator Brief (as defined below), (ii) any terms displayed to Creator on the Linqia platform, and (iii) any Statement of Work between the parties, constitute the entire agreement related to the Campaign between Linqia and the Creator (collectively, the Agreement). Creator and Linqia may each be referred to herein individually as (a Party) and together as (the Parties).  As set forth below, the advertiser that has engaged Linqia for a Campaign (the “Advertiser”), is a third-party beneficiary of this Agreement. 

1.              Creator Services and Content. 

a.              Creator Performance. Linqia will provide a description of Creator’s services and obligations with respect to a Campaign (the “Creator Brief”) on Linqia’s proprietary platform. Creator agrees to render the services specified in the Creator Brief. Creator will produce the Creator Content (as defined below) and perform the services in a diligent, timely, and professional manner, in compliance with all instructions in the Creator Brief. The Creator Brief may be updated from time to time to reflect adjustments to the Campaign.

b.              Creator Content. Creator represents, warrants and agrees as follows: 

(i)  Non-Infringement.  All content and materials delivered or created by Creator, including without limitation, each name or sobriquet used by Creator, all graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts, and all other dramatic, artistic, literary, and musical materials, ideas and other intellectual property (collectively, “Creator Content”), whether furnished or selected by Creator or any third party engaged by Creator, are owned, possessed, or licensed by Creator without conflict with or infringement on the rights of any third party. 

(ii) Defamation and Misrepresentation. The Creator Content will not be libelous, slanderous, false or misleading in any way, or otherwise violate applicable law. 

(iii) Third-Party Content. Creator will obtain Linqia’s prior written consent before engaging any third parties for services related to Creator Content or featuring any third parties in the Creator Content. Creator is responsible for all payments to such third parties and for securing any necessary consents, releases, or approvals to enable Linqia and the Advertiser to use the Creator Content in accordance with the terms of this Agreement.

c.              Acceptance/Rejection of Content. Linqia or the Advertiser may fully or partially reject any Creator Content that does not comply with the Creator Brief. In the case of final rejection, Linqia’s sole obligation will be to pay a pro-rata portion of the Creator Fee (as defined in Section 8) based on the commercial value of any posts satisfactorily published relative to the expected total commercial value of all the posts Creator was obligated to publish, as determined by Linqia in its sole and reasonable discretion. 

d.              Posting and Removal of Content. Neither Linqia nor Advertiser will be under any obligation to cause or allow the Creator Content to be published, promoted or used in any way. Creator acknowledges that publication of the Creator Content will be subject to Linqia’s and Advertiser’s prior written approval and Creator agrees to not publish any Creator Content related to the Campaign, including any raw footage related to the Campaign not used in the final versions of  Creator Content, without Linqia’s prior written approval. The time period in which Creator Content is posted to assigned social platforms, as set forth in the Creator Brief, is referred to as the “Organic Posting Window.” Creator further agrees to leave Creator Content posted for a minimum of 9 months following the end of the Organic Posting Window. Creator shall not hide “likes” on posts for a period of 90 days following the posting date. Creator must remove or otherwise take down Creator Content at any time if requested by Linqia or the Advertiser. 

e.              Fraudulent Engagement. Linqia reserves the right to reduce or withhold the Creator Fee if, in good faith and based on its proprietary technology and/or data partners, it determine that any clicks, likes, views, follows, or other engagement were purchased at any time during the Campaign, either directly or indirectly, by Creator or Creator’s representatives. If Linqia reasonably suspects fraudulent activity, Creator will cooperate fully with Linqia’s investigation, including providing relevant data or platform analytics upon request. Linqia reserves the right to withhold payments or terminate this Agreement for cause if fraudulent activity is confirmed.

2.              Duration, Termination and Survival.

a.              Term. These Creator Terms of Service begin on the date that the Creator accepts these Creator Terms of Service by creating an account on Linqia platform or otherwise. Creator’s obligations with respect to any particular Campaign begin when the Creator accepts participation in the Campaign on the Linqia platform or otherwise. 

b.              Termination by Linqia. Linqia may terminate the Agreement at any time by providing written notice to the Creator (email suffices). If Linqia terminates the Agreement without cause, Linqia will pay Creator a pro-rata portion of the Creator Fee for the commercial value to Advertiser for any posts satisfactorily published prior to the date of termination, relative to the expected total commercial value of all the posts Creator was obligated to publish, as determined by Linqia in its sole and reasonable discretion. If Linqia terminates with Cause, Linqia will not pay the Creator Fee and Creator shall issue a full refund of any fees paid to-date to Linqia. Such refund shall be without prejudice to, and in no way limit, any other rights or remedies available to Linqia and/or Advertiser, whether at law, in equity, or under this Agreement, all of which are expressly reserved.  “Cause means Creator’s material breach of this Agreement; the failure or refusal by Creator to incorporate all feedback as required under the Creator Brief; the failure of the Creator to provide the Creator Content for review and approval in accordance with the timing requirements set forth in the Creator Brief; the removal of any Creator Content from publication prior to the end of the Organic Posting Window; the commission by Creator of any act of fraud, dishonesty or willful misconduct in connection with the Campaign, the Agreement, Linqia, Advertiser and/or each of their related parties; and/or any change in Creator’s persona that could materially impact the look and feel of the Campaign, as determined by Linqia in its sole and reasonable discretion.

c.              Termination by Creator. Creator may terminate this Agreement if Linqia commits a material breach that remains uncured. Termination will not take effect unless: (i) Creator provides Linqia with written notice specifying the alleged breach and the intent to terminate; and (ii) Linqia fails to cure the material breach within fifteen (15) business days of receiving the notice. 

d.              Return of Product. If Creator has received a product for use in the campaign with a retail value of $100 or more, and this Agreement is terminated by Linqia for cause or Creator withdraws from participation in a Campaign, then ownership of the product does not transfer to Creator, and Creator will return the product to Linqia or the Advertiser at Creator’s expense in accordance with any instruction provided to Creator. 

3.              Ownership and Use of Content. 

a. Ownership. Creator retains ownership of all intellectual property rights in the Creator Content, subject to the rights granted to Linqia and Advertiser under this Agreement and excluding in all cases Advertiser’s rights in any advertising creative, messaging, branding, or other materials provided to the Creator, which shall remain solely with Advertiser.  

b. Advertising License. Creator grants Linqia an exclusive, worldwide, royalty free, limited right and license, with the right to sublicense to Advertiser and its affiliates and Linqia’s affiliates, to publish, display, transmit and distribute, all or a portion of the Creator Content for Internet-based digital paid and organic usage (the “Advertising License”). The Advertising License begins on the first day of the Organic Posting Window and continues for a period of twelve (12) months from the last day of the month in which the Organic Posting Window ends.  The Advertising License includes the right to modify, edit, combine with other materials, include in collective works and otherwise create derivative works of the Creator Content. 

c. Removal of Content.  Neither Linqia nor Advertiser will have any obligation to remove or take down Creator Content that was properly used in accordance with the terms of the Advertising License. Creator Content may remain available on the Internet following expiration of the Advertising License term provided that Advertiser does not engage in any further promotion of its products or services utilizing such Creator Content. “Further promotion” will not include passive availability of previously published content but will include any paid advertising or re-publication intended to drive new traffic to such Creator Content. Linqia will have the perpetual, irrevocable, worldwide and nonexclusive right, with the right to sublicense, to use the Creator Content for non-public corporate, archival, historical, or other internal purposes, as well as for presentations, industry awards, and publicity related thereto. 

4.              Creator Name and Likeness. Creator hereby grants Advertiser and Linqia the right to use Creator’s name, actual or simulated voice, persona, public image, appearance, signature, photograph, portrayal, characteristics, biographical material, image, and/or simulated likeness (including, without limitation, all related assumed or fictitious names previously and/or hereafter used) (collectively, Likeness), in connection with the use, exploitation, publicity and promotion of the Creator Content as provided for in the Agreement and/or as otherwise in connection with the Campaign. In addition to the license, Creator hereby waives any so-called moral rights or “droits moral” Creator may have in Creator’s Likeness.

5.              Laws and Disclosures. Creator must adhere to all applicable laws, rules and regulations relating to the performance of Creator’s obligations under the Agreement and the creation and use of the Creator Content, including without limitation, all copyright, trademark and privacy laws. Additionally, Creator is required at all times to: 

a.               adhere to all applicable rules and regulations relating to disclosure of Creator’s relationship with the Advertiser, including, at a minimum, the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other disclosure obligations specified in the Creator Brief; 

b.              immediately adhere to all reasonable instructions from Linqia related to disclosures, captions and/or the Creator Content; and 

c.              be truthful and accurate in all public statements regarding Advertiser.

Linqia may require background checks (criminal, driving, credit) in order to verify and confirm a Creator’s qualification to perform services on a campaign based upon such campaign’s requirements and obligations. Linqia at its sole discretion will determine successful acceptance of these checks.

6.              Representations and Warranties. Creator represents and warrants that: 

a.              Creator has the right to undertake the obligations and grant the rights in the Agreement, free and clear of any lien, encumbrance, claim or the need to obtain consent from or make payment to any third party; 

b.              The Agreement does not conflict with any other agreement or with any competing or conflicting rights of a third party; 

c.              Creator has all relevant expertise necessary or appropriate to complete the Services set forth herein in an effective and efficient manner;

d.              No services, products, or other items (whether tangible or intangible) provided by Creator, his/her employees, independent contractors and/or other agents and representatives to Linqia and/or Advertiser, violate or will violate any license or infringes or will infringe any intellectual property rights of any other person or entity;

e.              Creator agrees to comply with the terms and policies of any platform where the Creator Content will be posted, including but not limited to TikTok, Instagram, and YouTube, ensuring no actions by Creator violate platform guidelines or could lead to platform penalties or removal;  

f.               Creator has not committed and shall not commit within 180 days of the Organic Posting Window, any criminal offense, act or public post involving moral turpitude, or become involved in any situation or occurrence tending to bring Creator, Linqia or Advertiser into public disrepute or contempt or scandal or ridicule;

g.              Creator has fully agreed to the terms of and has the capacity and every right to execute and perform all of his/her obligations under this Agreement in accordance with the terms hereof; and

h.              If Creator is employed by, works for, or provides content to any vehicles of mass communication, such as newspapers, magazines, radio, television or the Internet (collectively, the “Media”), then, during the Term, Creator will not speak about or refer to the subject matter of this Agreement in such Media, directly or indirectly, without disclosing that Creator is acting on behalf of Advertiser. The form of any such disclosure shall be mutually agreed to by Advertiser and Creator. Creator acknowledges and agrees that after the Term, Creator is not required to make any statements about, or provide any opinions regarding any of Advertiser’s brands and if Creator makes any such statements, then such statements are being made solely by Creator independent of Advertiser, Linqia, or their respective agents. 

7.              Indemnification. Creator agrees to indemnify and hold harmless Linqia, its clients, Advertiser and each of their respective affiliates, subsidiaries, shareholders, officers, directors, agents, contractors, representatives and employees from and against any liabilities, losses, claims, demands, costs (including without limitation reasonable attorneys’ fees) and expenses (collectively, Losses) arising from or in connection with: 

a.              Creator’s performance or non-performance of its obligations hereunder; 

b.              any breach or alleged breach by Creator of any of its representations and warranties; 

c.              Creator’s negligence or willful misconduct; and 

d.              any obligations imposed by law on Linqia or Advertiser to pay any withholding taxes, social security, unemployment or disability insurance, or similar items in connection with any payments made to Creator hereunder. 

For the sake of clarity, (1) Linqia shall have sole control over the defense and resolution of any claim made against it and Creator will not engage in the discussion, negotiation, prosecution or settlement of any such claim without the prior written consent of Linqia; and (2) Advertiser shall have sole control over the defense and resolution of any claim made against it and neither Linqia nor Creator will engage in the discussion, negotiation, prosecution or settlement of any such claim without the prior written consent of Advertiser. 

Linqia agrees to indemnify and hold harmless Creator from and against any Losses arising from or in connection with: x) any uncured, material breach of its representations and warranties; and y) its gross negligence or willful misconduct. The indemnified Party shall promptly notify the indemnifying Party of any claim covered in this section it becomes aware of.

8.              Payment.

a.              Creator will not monetize the Creator Content in any way, other than Creator’s receipt of the fees payable to Creator for participating in the Campaign (the “Creator Fee”). Linqia will pay Creator Fees due within sixty (60) days following the later successful completion of the Organic Posting Window or delivery of any additional deliverables, provided that such period may be extended to match the period of any competitive exclusivity requirement lasting longer than sixty (60) days.  Creator will look solely to Linqia (and not to Advertiser) for all Creator Fees. In addition, Creator acknowledges that Creator is: (a) an independent contractor and not an employee of Linqia or Advertiser; (b) responsible for the payment of all federal, state and local taxes on payments received from Linqia; (c) responsible for any reporting requirements imposed by the federal, state or local government.

b.              No payments will be made until Linqia or its third party payment processor is in receipt of all required tax documents (i.e., W-9 matching the payment information). The obligations under this Section 8 are the full and complete payment obligations to Creator for its services under the Agreement. Any questions regarding payment should be directed to help@linqia.com.

c.              If a Campaign includes posts on TikTok and a governmental or platform-imposed restriction (a “TikTok Ban”) impacts a Campaign, payment to the Creator shall be subject to the following terms: (i) Payment Contingency: Creator acknowledges and agrees that in the event a TikTok Ban impacts a Campaign, Linqia will use commercially reasonable efforts to collect payment from Advertiser, but will have no obligation pay Creator unless such funds are actually received. If Linqia does not receive payment for undelivered posts due to a TikTok Ban, Creator shall not be entitled to payment for such Posts. If Linqia receives only partial payment from Advertiser due to a TikTok Ban, Creator’s Creator Fee shall be reduced proportionally based on the amounts received by Linqia for the Campaign. Creator acknowledges that Linqia shall have no obligation to independently compensate Creator for undelivered Posts if payment is not received from Advertiser due to a TikTok Ban. (ii) Alternative Fulfillment: Linqia may, in its sole discretion, offer the Creator an opportunity to complete deliverables on an alternative platform (e.g., Instagram Reels, YouTube Shorts). If Advertiser accepts the alternative fulfillment, including any change in the Creator Fee and Creative Brief, Creator shall complete the revised deliverables in accordance with Linqia’s instructions and shall be compensated the revised Creator Fee (if applicable) accordingly.

9.              Confidentiality. Creator agrees that Creator will: a) hold Linqia’s and Advertiser’s Confidential Information (as defined below) in strict confidence; b) not disclose such information to any third parties; and c) not use any such information for any purposes whatsoever other than for the purposes of fulfilling Creator’s obligations under this Agreement. Creator will employ all reasonable steps to protect Linqia’s and Advertiser’s Confidential Information from unauthorized or inadvertent disclosure.

“Confidential Information” means any and all confidential and/or proprietary knowledge, data, or information related to Linqia or to Advertiser, including, without limitation, research, idea submissions, product concepts, information regarding plans or services, information about other creators, products, agents, customer lists and customers, software, processes, technology, designs, plans, drawings, marketing, finances, the terms of this Agreement, as well as all notes, analysis, compilations, studies, e-mails, electronic files or other documents prepared by Creator or its representatives containing, reflecting or based upon, in whole or in part, any such information and any other business discussions, negotiations, or agreements. Additionally, the Creator Fee will be considered the Confidential Information of both Parties.

Confidential Information does not include information that:

a.            is or hereafter becomes part of the public domain through no wrongful act, omission, fault or negligence on the part of Creator or its representatives;

b.            is generally known in the trade or industry and was not gained by breach of the confidentiality obligations in this section; or

c.            was developed by Creator independently of and without reference to any Confidential Information communicated by Linqia or Advertiser, as conclusively evidenced by Creator through written records.

Creator may disclose Linqia’s and/or Advertiser’s Confidential Information only to Creator’s employees and/or representatives having a need to know and only to the extent necessary to perform Creator’s obligations under this Agreement. Creator shall remain responsible for any breach of this provision by such individuals. Copies of Confidential Information may not be made except as necessary to fulfill Creator’s obligations under this Agreement.

Creator agrees to notify Linqia and Advertiser in writing of any misuse or misappropriation of Confidential Information which may come to its attention. Notwithstanding the foregoing, Creator will not be in breach of this section with respect to any disclosure of Confidential Information that, in the written opinion of Creator’s counsel, is required to comply with any applicable laws, rules, regulations, investigation, procedure, or mandate; provided that Creator gives Linqia and Advertiser reasonable notice prior to such disclosure, including by providing Linqia and Advertiser with a copy of any written request or order regarding such disclosure, and cooperates with Linqia’s and Advertiser’s reasonable efforts to limit or restrict such disclosure.

Nothing in this Agreement shall be construed to grant Creator any rights in or to any Confidential Information or other intellectual property of Advertiser.  Nothing in this Agreement shall be construed to restrict in any manner Advertiser’s use of Confidential Information.

ALL CONFIDENTIAL INFORMATION OF ADVERTISER IS PROVIDED “AS IS.” ADVERTISER MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, COMPLETENESS OR PERFORMANCE.

Upon written request by Linqia or Advertiser, Creator shall promptly return or destroy all tangible embodiments of the Confidential Information Creator’s possession, including, without limitation, all notes, analysis, compilations, studies, e-mails, electronic files or other documents prepared by Creator or its representatives containing, reflecting or based upon, in whole or in part, any Confidential Information, provided, however, Creator may retain (1) copy of each such embodiment for its legal files.

The obligations of Creator in this Section 9 shall survive any termination or expiration of this Agreement and continue until such time as all Confidential Information disclosed hereunder becomes publicly known and made generally available through no action or inaction of Creator. Creator acknowledges that any personal information provided to Linqia as part of its use of Linqia’s platform or performance of Creator’s services is subject to Linqia’s Privacy Policy, which explains how Linqia collects, uses, and protects such information. Creator agrees to the terms of Linqia’s Privacy Policy, which is incorporated into this Agreement by reference. Linqia’s Privacy Policy governs the handling of Creator’s personal information and supersedes the confidentiality provisions of this Agreement with respect to such information.

10.           Non-Disparagement. Creator agrees that during a Campaign and for no less than twenty-four months following the end of the Campaign, Creator will not (a) make any statement that is reasonably seen by Linqia or Advertiser as publicly critical or disparaging of Linqia, Advertiser and its brands, or either of their parents, subsidiaries, affiliates, advertisers, directors, officers, employees, agents, representatives, sponsors or brands (collectively Related Parties); and/or (b) commit any act which brings Linqia, Advertiser, any of Advertiser’s brands, or their Related Parties into public disrepute, contempt, scandal or ridicule, or which insults or offends the general community to which Advertisers advertising materials are directed, or which materially harms Linqia, Advertiser, or their Related Parties and/or any of their products or services. A breach of this Section 10 shall entitle Linqia to immediately terminate this Agreement and obligate Creator to issue a refund of any fees paid to Creator relating to services that Creator has not provided as of the termination date. Such refund shall be without prejudice to, and in no way limit, any other rights or remedies available to Linqia and/or Advertiser, whether at law, in equity, or under this Agreement, all of which are expressly reserved.

11.           Limitation of Liability. EXCEPT FOR A BREACH OF CREATOR’S OBLIGATIONS ARISING UNDER SECTION 5 (“LAWS AND DISCLOSURES”), SECTION 7 (“INDEMNIFICATION) SECTION 9 (“CONFIDENTIALITY”) OR SECTION 10 (“NON-DISPARAGEMENT”), IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING CREATOR FEES UNDER THIS AGREEMENT), SALES, GOODWILL OR REPUTATION. 

12.           Governing Law and Injunctive Relief. The Agreement and its validity, interpretation, and legal effect will be governed by the laws of the State of California applicable to contracts entered into and performed entirely within the State of California without regard to any conflict of laws principles. Creator acknowledges and agrees that there can be no adequate remedy at law for a breach or threatened breach of Sections 9 (Confidentiality) and/or 10 (Non-Disparagement) of the Agreement, and such breach will result in irreparable harm to Linqia and/or Advertiser. Linqia and Advertiser shall therefore be entitled to seek injunctive and other equitable relief in a court of competent jurisdiction sitting in San Francisco County, California, and each Party irrevocably submits to the jurisdiction and venue of any such court in any such suit, action or proceeding. Without limiting the foregoing, the Parties agree to submit any dispute, other than for breach of Sections 1.b.(i) (Non-Infringement), 9 (Confidentiality) and/or 10 (Non-Disparagement), over the interpretation or application of the terms and conditions of the Agreement to binding arbitration under the rules and procedures of JAMS, to be held in San Francisco County, California. The cost of such arbitration shall be shared equally by the Parties; however, the prevailing Party’s attorney’s fees may be included in any award by the arbitrator. The arbitrator’s decision will be final and the arbitrator will have no power to add to, subtract from, or modify the Agreement.  Creator have the right to opt-out of this arbitration agreement by providing written notice of the decision to opt-out within 30 days of the date Creator first agrees to this Agreement. To opt-out, Creator must send written notice to Linqia at 965 Mission St., 5th Floor, San Francisco, CA 94103. The written notice must include Creator’s name, address, and a clear statement that Creator does not wish to resolve disputes with Linqia through arbitration. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. CLAIMS OF MORE THAN ONE CREATOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CREATOR.

13.           Miscellaneous.

a.              Creator is acting in all respects as an independent contractor. Execution of the Agreement will not create nor be construed to create an employee/employer, joint venture or any other relationship between Creator and Linqia or Creator and Advertiser; 

b.              Creator may not assign the Agreement in whole or in part to any third party without Linqia’s and Advertiser’s prior written consent and any purported assignment made without such consent will be void ab initio; 

c.              All of the terms, provisions and conditions of the Agreement will be binding upon and inure to the benefit of the Parties hereto and all successors to such Parties’ respective interests;

d.              Any waiver, express or implied, by either Party of any breach of the Agreement by the other Party will not waive any subsequent breach by such Party of the same or a different kind; 

e.              If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from this Agreement and such court (or, if such court refuses to do so, the parties hereto) will replace such illegal, void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision.  The balance of this Agreement shall remain in place and enforceable in accordance with its terms.; 

f.               This Agreement contains the entire understanding of the Parties relating to the subject matter hereof, superseding any prior or contemporaneous negotiations, discussions or agreements among the Parties relating to the subject matter hereof, and cannot be changed, except by a writing signed by authorized representatives of Creator, Linqia, and Advertiser; 

g.              The Parties intend the Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted; 

h.              All notices, requests and other communications to Linqia under the Agreement will be in writing to Attn: Nader Alizadeh, Linqia, Inc. at 965 Mission St., 5th Floor, San Francisco, CA 94103 and shall be deemed effective on the business day received by Linqia;

i.               All notices to Creator will be delivered to the email address that Creator has provided to Linqia; 

j.               Advertiser is a third-party beneficiary under this Agreement and is entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party hereto and Advertiser has no liability or obligations to Creator under this Agreement; and

k.              Sections 3 (Ownership and Use of Content), 4 (Creator Name and Likeness), 5 (Laws and Disclosures), 6 (Representations and Warranties), 7 (Indemnification), 9 (Confidentiality), 10 (Non-Disparagement), 11 (Limitation of Liability), 12 (Governing Law and Injunctive Relief) and 13 (Miscellaneous), along with any terms which by their nature should survive the earlier expiration or termination of the Agreement shall survive expiration or termination of the Agreement.

Linqia reserves the right to update or modify these Creator Terms of Service at any time, in its sole discretion. Any changes will be effective upon posting the revised Terms on Linqia’s website or platform, unless otherwise specified. Continued participation in any Campaign or use of the Linqia platform after the effective date of the updated Terms constitutes Creator’s acceptance of the revised Terms. If Creator does not agree to the updated Terms, Creator may terminate their Creator account.

CREATOR TERMS OF SERVICE DATED June 13, 2025

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For Creator Terms of Use executed prior to June 13, contact info@linqia.com.