Creator Agreement
A "Creator" is a professional who creates and publishes content on social media sites against payment or products. The following terms and conditions (the "Terms") shall govern Creators' use of Lava Arts affiliate collaboration (the "Collaboration"). The Collaboration is facilitated by the company Lava Art Cosmetics USA, INC, with company registration number 917 148 996, having its registered address at 354 Brunswick Street, Fortitude Valley QLD 4006. All references to "we", "us" and "our" in the following refer to Lava Art Cosmetics USA, INC. You (hereinafter referred to as "you" or "Creator") are required to accept these Terms in order to be Part of the Collaboration. The Terms are accepted by signing up to our affiliate portal. You may contact us at any time if you have any questions about these Terms. Our contact information is affiliate@lavaart.com “Communication Medium” is referred herein to the channels of communication. Communication will only be provided through Email.
About the Collaboration
The Collaboration is a cloud-based software application and collaboration platform that:
- allows you to create a Creator profile on the platform and Create links or discount code for referral
- Track your own performance and see how much commission you have accrued.
- Be able to create content and post with our brand and products.
- If qualified and applicable receive commission for sales created by you to your PayPal account.
- Allow you to be a paid partner
Accessing the Service – approving your Account registration
To register for the Service, you must complete the registration process on the platform. You are required and obligated to: (a) be 18+ years old (b) provide true, accurate, current, and complete information, and (c) maintain and promptly update the registered data to keep it true, accurate, current, and complete.
After registering your Account and before you gain full access to our Service, we will evaluate your social media profiles to determine whether it meets our Collaboration Guidelines.
Lava Art Cosmetics USA, INC shall, at its sole discretion, decide whether such Collaboration Guidelines are met, and we reserve the right to refuse or cancel the registration of your Account without providing any explanation as to the reason for refusal.
Formation of Booking Agreements and performance thereunder
We may send you a booking request. The booking request shall contain the terms and conditions for the booking in a brief, including the remuneration to be paid from Lava Art Cosmetics USA, INC. The Creator will receive an e-mail notification, SMS or direct message about the booking request and can choose to accept or decline it.
If the booking request is accepted, a binding booking agreement has been formed between Lava Art Cosmetics USA, INC and Creator.
When Creator has completed the terms of the booking agreement, proof of the completed work and results shall be submitted to Lava Art Cosmetics USA, INC per email providing links and screenshot of the deliverables.
Release of Payment
All payments for services provided under a booking agreement shall be paid out through PayPal, Bank account or through 3rd payment or collaboration partner.
When proof of complete work is provided to Lava Art Cosmetics USA, INC, Lava Art Cosmetics USA, INC has 30 days from received Proof of Complete work to Accept or Reject the work. If the work is not responded to on the 31st day, the work is automatically qualified for payment
All payments will be paid on the last date of each month.
Non-performance by Creator
When the Creator accepts a booking agreement, the Creator shall review the campaign brief from the Brand, for which the Creator is liable.
If Lava Art Cosmetics USA, INC outputs are delayed or incomplete, the Creator must notify Lava Art Cosmetics USA, INC through Communication Medium without undue delay.
The Creator must notify through Communication Medium to Lava Art Cosmetics USA, INC if he/she is in need of a deadline extension due to the delay from Lava Art Cosmetics USA, INC.
When the Lava Art Cosmetics USA, INC receives a request for a deadline extension with specified number of days for which the deadline is to be extended, Lava Art Cosmetics USA, INC will respond through communication Medium without any delay. If the delay affect us, we might demands an adjustment of the amount payable, we shall make a specified offer relating to adjustment of the amount payable.
If the Creator fails to perform by not providing or not posting content as determined in the booking agreement, or if Creator fails to be present at an activity or event specified in the booking agreement, the Client may refuse to mark the booking agreement as "Completed".
In such cases, the Creator risks not being paid.
If an accepted booking agreement is not completed, the Creator will receive an automatic review on their profile – and can risk to be terminated for future work with Lava Art Cosmetics USA, INC
Restrictions and Creator Responsibilities
Your responsibilities
You represent, covenant, and warrant that you will act in the Collaboration only in compliance with all applicable laws and regulations, and in a way that will not harm the Collaboration and Lava Art Cosmetics USA, INC
You are solely and fully responsible for
- any content you choose to share through the Service or in your performance for a Lava Art Cosmetics USA, INC
- having the necessary rights to any material (including but not limited to text, photos, sound, music) you make available through the Collaboration or in your performance for Lava Art Cosmetics USA, INC
- your performance under any booking agreement between you and us
You are responsible for maintaining the security of your Account, passwords and files, and for all uses of your Account with or without your knowledge or consent. If you suspect any unauthorized use of your Account or other security breach related to your Account, you must immediately notify us in writing.
Restrictions
You may not during the Collaboration to promote campaigns or ads containing (i) content that is an invasion of privacy, degrading, defamatory, libellous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on a third party's intellectual property rights; (iv) content links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false and misleading.
You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or any information relevant to the Collaboration with Lava Art Cosmetics USA, INC or any services or products, documentation or data related to the Collaboration with Lava Art Cosmetics USA, INC, modify, translate, or create derivative works based on the Collaboration with Lava Art or use the Collaboration with Lava Art for the benefit of a third party.
Fee for the Service
Any fee and compensation will be agreed in the Brief or Ambassador Contract. Fee for service, is defined herein as;
- Payment per post
- Payment per month
- Payment per assignment
- Affiliate and commission payout
Suspension or Termination of your Account and/or Access to the Collaboration
You may end your legal agreement with Lava Art Cosmetics USA, INC at any time by deactivating your Account. If you wish to deactivate your Account, please notify us by sending an e-mail to affiliate@lavaart.com
Lava Art Cosmetics USA, INC may suspend or terminate your Account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you have attempted to acquire or have any fake followers, likes, shares, views and comments in any channel; (iii) you join a follower or engagement pod, (iv) you have repeatedly failed to perform in accordance with booking agreements you are a party to; (v) you create risk or possible legal exposure for us; (vi) you use information obtained through the use of the Collaboration to harass, abuse or harm Lava Art Cosmetics USA, INC; (vii) you are attempting to solicit business away from the platform that was initially offered to you via Lava Art Cosmetics USA, INC; (viii) your use of the Collaboration may harm Lava Art Cosmetics USA, INC business; or (ix) your Account should be removed due to unlawful conduct.
Your Account may be suspended or terminated without notice.
If the Agreement is terminated, or if Lava Art Cosmetics USA, INC suspends your access to the Service, Lava Art Cosmetics USA, INC shall not have any liability or responsibility to you.
Upon termination of your Account, you lose all rights granted under these Terms.
Intellectual Property Rights and Ownership of content
Lava Art Cosmetics USA, INC owns and retains all right, title, images, videos, text and content created by creator during the collaboration. Creator release all rights royalty free to Lava Art Cosmetics USA, INC, we can use the content anytime, anywhere, how long, however we see fit to promote Lava Art Cosmetics USA, INC services and products. Lava Art Cosmetics USA, INC has the right to modify, iterate, change music or sounds, images, typing, videos, content form, context or anything related therein to what Lava Art Cosmetics USA, INC see fit for their promotion.
Modification of the Service and amendments to these Terms
We reserve the right to modify these Terms. You must check from time to time if terms and conditions are changed . If you do not accept these changes, you must stop using your Account or request deletion at affiliate@lavaart.com Your continued Collaboration after we publish our changes to these Terms means that you consent to the updated Terms.
Indemnification
Creator agrees to indemnify, defend and hold Lava Art Cosmetics USA, INC harmless from and against any claims made from a third party that the content posted from Creator infringes a third party's intellectual property rights. Creator agrees to indemnify, defend and hold Lava Art Cosmetics USA, INC harmless from and against any claims from a third party for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) arising from an alleged violation of any applicable law in the governing country Creator operates or post.
The parties shall notify each other without undue delay of any claims under this section.
Limitation of Liability
Lava Art Cosmetics USA, INC liability pursuant to this Agreement shall not exceed the amount paid by Creator to Lava Art Cosmetics USA, INC under this Agreement in the preceding 1 months prior to the act that gave rise to the liability, excluding VAT.
Neither party shall be liable to the other party for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based on remedies are sought in contract or tort or otherwise.
Neither party shall be liable for any force majeure matter.
The above limitations shall not apply if the party in question has acted willfully or with gross negligence, nor if a party has violated the other party's intellectual property rights or section «confidentiality» of this Agreement.
No Warranty & Disclaimer
In the event of a conflict between this Agreement and any information provided by a representative of Lava Art Cosmetics USA, INC, this Agreement shall prevail.
THE COLLABORATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAVA ART COSMETICS USA, INC DOES NOT WARRANT THAT THE COLLABORATION WILL FULFIL ANY PARTICULAR PURPOSES OR NEEDS, NOR THAT IT IS PROVIDED WITHOUT FAULTS. LAVA ART COSMETICS USA, INC DOES NOT WARRANT THAT THE COLLABORATION WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY LAVA ART COSMETICS USA, INC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.
Creators are not representatives nor employees of Lava Art Cosmetics USA, INC
Further, Lava Art Cosmetics USA, INC cannot be held liable for any acts or omissions of PayPal or Your Bank, and explicitly disclaims any responsibility or liability related to PayPal or Your Bank provision of payment services.
Confidentiality
For the purposes of this Agreement, "Confidential Information" means any information, whether or not developed by Lava Art Cosmetics USA, INC, including but not limited to pre-existing or new information which relates to all ideas, designs, methods, discoveries, improvements, products, software, trade secrets, product data and specifications, proprietary rights, business affairs, product developments, customer information or employee information, techniques, models, inventions, data, databases, proprietary material, know-how, pricing terms, business forecast, sales and marketing plans and reports provided to creator under this Agreement.
During the term of the Agreement and indefinitely thereafter, creator will keep and maintain Lava Art Cosmetics USA, INC Confidential Information in the strictest of confidence and will not otherwise make Lava Art Cosmetics USA, INC Confidential Information available in any form, to any third party, or use Lava Art Cosmetics USA, INC Confidential Information for any purpose other than the performance of its obligations in the Agreement.
Creator shall be responsible for ensuring that their respective officers, agents and employees do not disclose, use or distribute Lava Art Cosmetics USA, INC Confidential Information in violation of the terms and conditions of this Agreement.
General provisions
Insolvency
In the event that either party becomes insolvent or enters into insolvency proceedings, the other party is entitled to terminate the Agreement with immediate effect.
Force majeure
If circumstances beyond the parties' control, which is classified as force majeure pursuant to Norwegian law, significantly complicate the implementation of the Agreement, the parties' obligations are suspended to the extent the circumstance is relevant and for as long as the circumstance lasts.
If force majeure shall be invoked, the afflicted party must notify the other party. The duty to notify also applies upon the end of the force majeure.
During force majeure, the parties have a mutual duty to inform of circumstances that may be of significance to the other party. The information must be given within a reasonable time.
Each of the parties may terminate the Agreement with thirty (30) days' notice if force majeure makes it especially burdensome to uphold the Agreement. If the Agreement is terminated as a result of force majeure, each of the parties shall carry their own costs related to the termination.
Governing Law and Dispute Resolution
All disputes arising out of or in connection with this Agreement shall be finally settled under the laws of Norway. If a dispute is not resolved by negotiation or mediation, either party may require that the dispute be resolved with final effect before the Norwegian courts of law.
Both parties' consent to Oslo District Court as the legal venue.
