TikTok Creator Marketplace Certified Creator Program Standard Terms and Conditions
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These TikTok Creator Marketplace Certified Creator Program Standard Terms and Conditions (“Terms”) govern your participation in TikTok Inc.’s (“TikTok”) TikTok Creator Marketplace Certified Creator Program (the “Program”). “Party” means you or TikTok; “Parties” means both. “You” or “your” shall refer to you as an individual Creator. Capitalized terms used and not defined in these Terms have the meanings assigned to them in the TOS (defined below) or the TTCM TOS (defined below).
These Terms set out the rights and obligations of all creators who agree to participate in the Program. Your participation in the Program is conditioned on your acceptance of and compliance with these Terms.
1. Incorporation of Additional Terms.
These Terms incorporate and are subject to: (i) TikTok’s U.S. Terms of Service (https://www.TikTok.com/legal/terms-of-use?lang=en) (“TOS”) (ii) TikTok’s Privacy Policy (https://www.tiktok.com/i18n/privacy/); (iii) TikTok’s Community Guidelines (https://www.tiktok.com/community-guidelines?lang=en); (iv) TikTok Creator Marketplace Terms (https://creatormarketplace.tiktok.com/protocol#/terms/US) (“TTCM TOS”); (v) TikTok Creator Marketplace Privacy Policy (https://www.tiktok.com/falcon/tcm/h5/tcm_term/?file=https://lf16-tiktok-creator-market.ibytedtos.com/obj/tiktok-creator-market-sg/ad/star_fe_i18n_h5/pdf_files/pp/20210310/EN.pdf); and (vi) any other terms, conditions, and/or rules published or made available by TikTok, as such terms may be amended from time to time (collectively, “TikTok Terms and Policies”). “Content” in the TTCM TOS includes Program Content (defined below). Unless stated otherwise, the Terms will not limit or diminish, and are in addition to, the rights, obligations, representations, and warranties of the Parties under the TOS and the TTCM TOS. However, in the event of a conflict among these Terms, the TOS, and/or the TTCM TOS, such conflict will be resolved by giving precedence in the following order: first, these Terms; second, the TTCM TOS; and finally, the TOS.
2. Program.
a. Participation in this Program requires that you complete an educational program (“Educational Program”) hosted by TikTok. The requirements of the program and criteria for successful completion of the program are at TikTok’s sole discretion and may be changed without notice.
b. Subject to your complete performance of all obligations hereunder (including completion of the Educational Program) and compliance with the TikTok Terms and Policies, you will receive a certified badge (“Certified Badge”) to label you as a certified creator on TikTok Creator Marketplace. If you do not complete all of your obligations hereunder to the satisfaction of TikTok, or do not comply with these Terms, then TikTok may terminate your participation in this Program in TikTok’s sole discretion. TikTok reserves the right, in TikTok’s sole discretion, to withhold or not award a Certified Badge to you if you or your Program Content (defined below) fail to comply with any of our TikTok Terms and Policies, including but not limited to the policies listed herein. The decision to award a Certified Badge is within TikTok’s sole discretion. TikTok may allow you to appeal its decision at TikTok’s sole discretion. All decisions are within TikTok’s sole discretion, including the decision to adjust or remove your Certified Badge.
c. You acknowledge that participating in the Program does not confer any other special recognition, endorsement, or affiliation with TikTok.
d. You agree that during the Term (as defined below) you will make your suggested rate publicly available to brands on your TTCM profile. The parties acknowledge that your suggested rate will remain within your discretion, and will not be controlled by TikTok.
4. Term, Revocation and Termination.
a. The term of these Terms will begin when you sign or otherwise accept these Terms and will end when your participation in the Program is terminated by either you or TikTok in accordance with the below (“Term”).
b. TikTok reserves the right to deny or revoke your participation in the Program without notice.
c. TikTok may terminate these Terms: (i) for any reason with five (5) days’ notice to you; or (ii) immediately if you (x) violate these Terms, or (y) if you become involved in any situation or occurrence that reflects unfavorably upon you or TikTok, at TikTok's sole discretion.
d. Either Party may terminate these Terms immediately if the other Party materially breaches any of its representations, warranties, or obligations under these Terms, and fails to cure such material breach within seven (7) days. Your notice of termination must comply with Section 16 below.
e. TikTok may provide any notice of revocation from the Program or termination of these Terms by email, in-app notification, or other reasonable means available. If TikTok terminates these Terms, then you forfeit any further rights hereunder. TikTok’s termination of the Program will also immediately terminate these Terms.
f. Termination of these Terms terminates your participation in the Program. g. Upon any termination, you will not be entitled to any injunctive or equitable relief whatsoever with respect to the Program Content, the Program, and/or any element thereof.
5. Personality Rights. You grant to TikTok a worldwide, non-exclusive, irrevocable, fully paid, and royalty-free right and license to use, but with no obligation to use, your name, image, likeness, and biographical information in connection with the Program.
6. Communication Preferences. TikTok may send you information relating to the Program, for instance notices, in electronic form only, for example via emails to your email address provided during sign-up or by direct message via the Platform. You agree to receive such communications electronically, and that communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Non-Union. The Program, and any Program Content created under the Program, is non-union. You will perform its obligations under these Terms on a non-union basis.
8. Representations and Warranties.
a. You represent and warrant that: (i) you are over the age of 18; (ii) you have all right, power, and authority to enter into these Terms; (iii) your execution and performance of these Terms does not, and will not, result in a breach of or conflict with any contract or commitment binding upon you; and (iv) you own or control all rights, title, and interest in and to the Program Content; and (v) You will comply with all laws, rules, and regulations applicable to you under these Terms, including, without limitation, applicable FTC rules, regulations, and guidelines (including those concerning paid endorsements and sponsored promotions).
b. TikTok makes no representations and warranties other than those made in the TOS and TTCM TOS.
9. Indemnification.
You will indemnify, defend, and hold harmless TikTok (and its affiliates, officers, directors, employees, contractors, and agents) from all third-party claims, liabilities, losses, damages, fees, costs, and expenses, including reasonable attorneys’ fees, resulting from the your: (a) breach of these Terms, including breach of its representations and warranties; (b) TikTok’s or any third party’s use of the Program Content; and/or (c) fraud, misrepresentation, gross negligence, willful misconduct, or violation of laws, rules, or regulations in connection with these Terms.
10. LIMITATION OF LIABILITY; DISCLAIMERS. TIKTOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF TIKTOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIKTOK’S AGGREGATE LIABILITY FOR CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED FIVE HUNDRED UNITED STATES DOLLARS (US $500.00). YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 (OR ANALOGOUS LAWS OF OTHER STATES), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. Insurance.
You agree to maintain at your own expense, insurance coverage as necessary and reasonable to insure yourself and your personnel (if any) and any other individuals in connection with the performance of the responsibilities hereunder.
12. Confidentiality.
You will not disclose to a third party (a) these Terms, and (b) non-public information TikTok provides to you in connection with these Terms and the Program (“Confidential Information”). Confidential Information includes information that you know or reasonably should have known to be considered confidential by TikTok. Confidential Information does not include information that becomes public through no fault of yours or is otherwise communicated to you free of any obligation of confidentiality.
13. No Agency.
You expressly acknowledge and agree that you are an independent natural person or organization and not TikTok’s contractor, agent, or employee. No agency, partnership, joint venture, employee-employer, contractor, agent, or franchiser-franchisee relationship between you and TikTok is intended or created by these Terms. You are not entitled to any employee benefits that TikTok may make available to its employees, including group health, life, workers’ compensation, and unemployment insurance, profit-sharing, vacation, and retirement benefits. You are not TikTok’s representative or agent, and may not enter into any agreement on TikTok’s behalf.
14. Changes.
TikTok reserves the right to change any of the terms and conditions contained in these Terms or any policy or guideline hereunder or referenced herein, at any time and in its sole discretion. When TikTok makes changes, TikTok will revise the “last updated” date at the top of these Terms. Any changes will be effective immediately upon posting by TikTok or upon notice by TikTok. You should look at these Terms regularly to check for such changes. Your continued participation in the Program following the posting of changes will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU MUST TERMINATE YOUR INVOLVEMENT IN THE PROGRAM.
15. Program Availability.
TikTok reserves the right in its sole discretion to modify, terminate, establish, control, and limit any aspect of the Program, at any time, without or without notice, in its sole discretion. We will endeavor to notify you about any changes to the Program within a reasonable period of time. TikTok does not make any representation, warranty, or covenant regarding the accessibility or availability of the Program or any associated opportunities you can expect at any time. You acknowledge and agree that you may not rely upon the continued availability of the Program and that TikTok will not be liable for any actions you undertake or actions you do not take based on your expectations. TikTok’s decisions regarding the Program shall be final and binding.
16. Notices.
Notices to TikTok will be sent to Legal@tiktok.com or 5800 Bristol Parkway, Suite 100, Culver City, CA 90230. Notices to you will be sent to you in the app, to the email associated with your TikTok account, or any other means reasonably available to TikTok. Notice sent under these Terms will be deemed received: (i) 3 days after sent by prepaid or registered mail; (ii) when personally delivered; or (iii) when sent by email unless the sender receives an automatically generated delivery failure notification.
17. Assignment.
You will not assign or transfer these Terms, or any rights or obligations under it, without TikTok’s prior written consent; any purported assignment or transfer without TikTok’s prior written consent will be void. TikTok may freely assign or transfer any or all of its rights or subcontract or delegate any or all of its obligations under these Terms without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s successors and assigns.
18. Miscellaneous.
If any provision of these Terms or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of these Terms that can be given effect without the invalid provisions or application and to this end the provisions of these Terms are declared to be severable. These Terms are governed by the laws of the State of California, excluding its conflict of laws rules. The parties consent to jurisdiction and venue of the state and Federal courts in Los Angeles County, California. The provisions these Terms that are intended by their nature to survive termination or expiration these Terms will so survive. These terms represents the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements with respect thereto. TikTok may modify any of the terms and conditions contained in these Terms at any time and in its sole discretion. The headings in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of these Terms. “Including” means “including, but not limited to.”
