Creator Agreement

The current version. The copy you sign in the Earn app carries your details and the date, and stays in your account.

Parties

The Company: Brave New, Inc., 131 Continental Drive, Suite 305, Newark, DE 19713, USA, hello@earnbycontent.com

The Creator: you, with the name, address, tax ID and email you give in the app.

1. What this agreement is

Brave New, Inc. ("we", "us") operates Earn. We buy short videos and posting work from you and pay you for them; brands buy the finished videos from us. You have no contract with any brand, and no brand pays you directly. Each job you take in the app (a "Job") shows the brand, the brief, the type of work, the number of videos, the deadline, the usage rights, including whether paid advertising is included, and the fee and any view bonus. When you take a Job, you accept it on the terms it shows and on this agreement. Our Terms of Service and Privacy Policy also apply.

2. You are independent

You work as an independent contractor, not as our employee, worker, agent or partner, and not as the brand's. You decide whether to take a Job, and when, where and how you make the video within the brief and the deadline, with your own equipment. You may work for anyone else, including other brands and platforms. We do not set working hours, require a minimum number of Jobs, or penalise you for declining a Job or handing it back before you deliver.

3. Types of work

In a Create Job you film a video from the brief and hand over the file, and the brand publishes it. In a Run an account Job you publish the videos we send you on a campaign account, without filming. In a Both Job you film the video and publish it on the campaign account. Brand work is never posted on your own personal account.

4. Campaign accounts

A campaign account belongs to us, or to the brand where the Job says so. We give you its login on earnbycontent.com. Keep the login private, do not change the account's email address, password or settings unless we ask, do not give the account to anyone, and follow the setup steps for the account and TikTok's rules. When the Job ends, or when we ask, stop using the account; we may change its password at any time. Your own personal accounts stay entirely yours, and we never ask for their passwords.

5. Review, changes and rejection

Our team and the brand review every video before it is published or accepted. We may ask for changes, as many reasonable rounds as needed, where the video does not follow the brief, the Job, this agreement or the law. A video that is finally rejected for not matching the brief is not paid, not even in part. A person, not an automated system, makes that decision, we tell you why, and you can ask us to review it. A video counts as accepted when we accept it in the app, and for a Job that includes posting, once it is posted as instructed and its link is accepted.

6. Fees and bonuses

The fee for each video is the one shown on the Job when you take it, in your currency. A view bonus is earned when a posted, accepted video reaches a tier shown on the Job within 31 days of posting, counted by our measurement. We pay you for accepted videos and earned bonuses whether or not the brand pays us. Fees cover all your costs; we do not reimburse expenses unless the Job says so. You may keep products sent to you for a Job unless the brief says otherwise; they may count as income for tax purposes.

7. Payouts, identity and tax

We pay accepted videos and earned bonuses at least monthly, through the payout provider offered in the app (currently Stripe), to an account in your own legal name. Amounts below the minimum payout shown in the app carry over to the next payout. Before your first payout you complete identity verification and give us your tax details: a Form W-9 if you are a US person, otherwise a Form W-8BEN, plus your tax identification number, date of birth and address. You are responsible for your own taxes, social security contributions, and any business or VAT registration your country requires. We do not withhold tax unless the law requires us to; where it does, we withhold it and pay it to the authority. We report your earnings to tax authorities where the law requires it, including Form 1099 in the United States and platform reporting under the EU's DAC7 rules, and we give you a copy. If required details are still missing after two reminders and at least 60 days, we may hold your payouts until you provide them. We may set off an amount paid to you by mistake against later payouts.

8. Rights in your videos

When we pay you for a video, you assign to us all copyright and other rights in it, worldwide and for the full term of those rights, including the right to use it on any channel and to license or transfer it to the brand and the brand's agencies. Where the law of your country does not allow such an assignment, you grant us instead an exclusive, worldwide, perpetual, irrevocable, transferable and sublicensable licence with the same scope. Until we pay, you allow us and the brand to use the video to review it.

The brand may use the video in paid advertising only where the Job says paid advertising is included.

You allow us, the brand and the brand's agencies to use your name, handle, image, likeness and voice as they appear in the video, in connection with that video and the brand's products in it, for as long as the video is used under this section, including in paid advertising where the Job includes it.

We and the brand may cut, crop, resize, subtitle, translate and add branding, captions or calls to action to the video. Neither we nor the brand may change the meaning of what you say, make you appear to endorse something you did not, create AI-generated or synthetic versions of your face, body or voice, or use the video to train an AI model to imitate you.

As far as the law allows, you waive and agree not to assert any moral rights in the video against the uses this agreement allows; where moral rights cannot be waived, you agree not to exercise them unreasonably against those uses.

You may show a published video in your personal portfolio and your Earn profile, but not before it is published and not in a way that suggests you still work with the brand.

You confirm that you own, or have permission to use, everything in the video: use only music and sounds from TikTok's Commercial Music Library or those the brief supplies; get written consent from every recognisable person in the video, and from a parent or guardian for anyone under 18; and do not show other brands' logos, artwork or private places without permission.

9. Advertising rules and honesty

Every paid post must carry the advertising disclosure included with the Job (for example #ad) and use TikTok's branded content tools where available. You are responsible for following TikTok's terms and the advertising laws of the country where you live. Say only what is true for you about a product: if a video presents your own experience of a product, you must actually have used it, and you must never present yourself as an unpaid customer. Do not make health, medical, financial or environmental claims beyond what the brief states. Never use fake engagement: no bots, bought views, likes, comments or followers, engagement groups, or reposting other people's content as your own.

10. Automated systems in the app

The app uses automated systems, and you have a right to know how. Applications are pre-screened by an AI model, and our team makes the decision. Your Score is calculated from your delivered work: quality, timeliness, reliability and views. Your level follows from the number of accepted videos and your Score, and gives you badges and earlier or wider access to Jobs; it never changes your fees. View counts are collected automatically from TikTok. Messages in the app are checked automatically, and in a conversation with a brand, contact details, outside links and payment details are not delivered. Decisions to suspend or close your account, to restrict your access to Jobs, or to finally reject a video so that it is not paid are made by a person, and we give you the reasons. You can ask us for an explanation of any such decision, and for a person to review it, through the chat or by email. We do not process data about your emotional or psychological state, your private conversations outside Earn, or biometric data to identify you among other people; identity verification compares your selfie only with your own ID document.

11. Confidentiality

Keep briefs, unreleased products and videos, campaign account logins and the information brands give you confidential during this agreement and for 3 years after it ends. This does not cover information that is already public, or that the law requires you to disclose. Nothing in this agreement stops you from talking about your own pay and working conditions.

12. Staying on Earn

Arrangements and payment for a Job stay on Earn. Do not accept payment from a brand directly for work on a Job. For 12 months after a Job, do not arrange paid content work outside Earn with a brand you were introduced to through that Job unless we agree in writing; we will not refuse without good reason. This does not limit work with brands you worked with before, or work you find yourself.

13. Fraud and clawback

If a video involves fake engagement, plagiarism, content you had no right to use, or misrepresents your identity or your work, we may withhold or reclaim the fees and bonuses for that video, after telling you why and hearing your side.

14. Ending this agreement

You can end this agreement at any time by deleting your account in the app or by email. We can end it with 14 days' notice by email, or at once for a serious breach of section 4, 8, 9, 12 or 13. When it ends, you may finish a Job you have already taken or hand it back, and we pay everything due for accepted videos and earned bonuses, less any amount reclaimed under section 13. If we cannot pay because your payout details are missing, we keep the amount for you for 12 months. The rights you gave us in paid videos continue after this agreement ends.

15. Liability

Each of us is responsible for losses caused by our own breach of this agreement. Our total liability to you, other than for paying amounts due, is limited to the fees and bonuses due to you in the 12 months before the claim. You are responsible for third-party claims caused by content in your video that you had no right to use, or by claims you made that went beyond the brief. Nothing in this agreement limits liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

16. Your data

Our Privacy Policy explains how we use your data. We share with brands what they need for a Job: your name, handle, profile photo, country, public statistics, your videos and your messages with them. We never share your identity documents, tax details or payout details with brands. We share tax data with tax authorities where the law requires it.

17. Changes

We may change this agreement by email at least 14 days before the change applies to you. Jobs you have already taken stay on the terms that applied when you took them. If you do not agree, you can end this agreement before the change applies.

18. Law and disputes

This agreement is governed by the laws of the State of Delaware, USA. This does not take away any protection the mandatory law of the country where you live gives you. A dispute may be brought in the courts of Delaware or in the courts of the place where you live.

19. General

This agreement, with the Jobs you take and our Terms of Service, is the entire agreement between us about this work. If a provision is invalid, the rest stays in force. We may transfer this agreement to a company that takes over Earn, and we will tell you. Notices are given in the app or by email. Signing by typing your name has the same effect as a handwritten signature. The English text governs; translations are for convenience.

By typing your full name below, you confirm that you are at least 18 years old, have read this agreement and accept it.