Affiliate Terms and Conditions

Sculpd Affiliate Content Creation Agreement

These Terms and Conditions govern your participation in the Sculpd Affiliate Content Creation Scheme (the "Scheme"). By accepting free Sculpd product(s) under this Scheme, you ("Affiliate") agree to be bound by these terms.

1. Product Provision:

  • Sculpd will provide the Affiliate with complimentary product(s) as agreed upon for the purpose of creating video content to promote Sculpd and drive sales through your social media channels.

2. Content Creation and Posting:

  • The Affiliate agrees to create and post original video content featuring the provided Sculpd product(s) on their nominated social media account(s).
  • The content must authentically showcase the product and align with the Sculpd brand aesthetic and values.
  • The Affiliate is responsible for ensuring the content is of high quality, visually appealing, and engaging for their audience.
  • Unless otherwise agreed in writing, the Affiliate must post the content within thirty (30) days of receiving the product(s).

3. Failure to Post Content:

  • In the event that the Affiliate fails to post the agreed-upon video content within the stipulated thirty (30) day timeframe, the Affiliate will be liable to pay Sculpd the full retail value of the product(s) received.
  • Sculpd reserves the right to invoice the Affiliate for the product(s), and payment will be due within fifteen (15) days of the invoice date.

4. Content Submission and Approval:

  • Prior to posting, the Affiliate agrees to submit the video content to Sculpd for review and approval.
  • Rewards or further engagement in the Scheme are contingent upon Sculpd's approval of the submitted content, ensuring it meets brand guidelines and quality standards.
  • Sculpd reserves the right to request revisions or reject content that does not meet these standards.

5. Intellectual Property and Usage Rights:

  • The Affiliate retains ownership of the copyright in their video content.
  • By participating in this Scheme, the Affiliate grants Sculpd a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, distribute, and display the submitted video content on Sculpd's social media channels, website, and email communications.
  • This license does not extend to the use of the content in paid advertising campaigns or heavy editing without the Affiliate's prior written consent and appropriate credit. Sculpd will endeavor to provide appropriate credit to the Affiliate when using their content.

6. Brand Guidelines:

  • The Affiliate agrees to adhere to Sculpd's brand guidelines, which may be provided separately and updated from time to time. This includes, but is not limited to, the tone of voice, visual presentation, and any specific messaging requirements.

7. Affiliate Deactivation:

  • Sculpd reserves the right to deactivate an Affiliate from the Scheme at its sole discretion, including but not limited to instances of:
  • Failure to consistently produce high-quality content
  • Content that does not align with brand guidelines.
  • Lack of engagement or poor performance in driving sales (as determined by Sculpd).
  • Violation of these Terms and Conditions.
  • Conduct that may negatively impact the Sculpd brand.
  • Upon deactivation, the Affiliate may no longer be eligible for free products or further participation in the Scheme.

8. Confidentiality:

  • The Affiliate agrees to keep any confidential information shared by Sculpd (including product information not yet publicly released, marketing strategies, etc.) strictly confidential and not disclose it to any third party.

9. Disclaimer of Liability:

  • Sculpd shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, use, goodwill, or other economic advantage) arising out of or relating to the Affiliate's participation in this Scheme.

10. Indemnification:

  • The Affiliate agrees to indemnify and hold harmless Sculpd and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with the Affiliate's participation in this Scheme, including but not limited to the content created and posted by the Affiliate.

11. Governing Law:

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

12. Entire Agreement:

  • These Terms and Conditions constitute the entire agreement between the Affiliate and Sculpd with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

13. Modifications:

  • Sculpd reserves the right to modify these Terms and Conditions at any time. Any changes will be effective upon posting the updated Terms and Conditions on Sculpd's website or otherwise communicating them to the Affiliate. Continued participation in the Scheme after such changes constitutes acceptance of the modified Terms and Conditions.

By accepting free Sculpd product(s) under this Affiliate Content Creation Scheme, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.