This Creator Services Agreement (“Agreement”) governs the relationship between the creator (“Creator,” “you”) and Grand Launch Media LLC (“Marketfit,” “we,” or “us”) when Creator accepts a campaign engagement through the Marketfit platform. It is in addition to the general Terms of Service.
01Independent contractor status
You are engaged as an independent contractor, not as an employee, agent, partner, or joint venturer of Marketfit or the brand. You are responsible for your own taxes, equipment, insurance, and benefits. Nothing in this Agreement creates an employer-employee relationship.
02Deliverables and timelines
Each campaign brief specifies the deliverables you agree to produce, including content type (e.g., TikTok video, Instagram Reel), platform, length, posting date, and any specific creative requirements. You agree to meet the deadlines stated in the brief. If you cannot meet a deadline, notify Marketfit immediately so the brand can be informed.
03Approval and revision process
You will submit draft content for brand approval through the Marketfit platform. The brand may request up to two (2) rounds of revisions consistent with the original brief at no additional cost. Revisions outside the original brief may be subject to additional negotiation. Once content is approved by the brand, you will post it on the agreed platform and date.
04Compensation and payment timing
Your compensation for each campaign is the rate negotiated and accepted through the platform. Marketfit holds the brand’s payment in escrow when the brand approves your engagement. Payment is released to you within seven (7) business days after the agreed content posts and is verified as live and compliant with the brief. If the brand cancels after your engagement but before you begin work, you are not entitled to payment. If the brand cancels after you have begun work, you are entitled to pro-rated compensation reflecting work performed.
05Content usage rights
You grant the brand (and Marketfit, on the brand’s behalf) the rights specified in the campaign brief. Default rights, unless extended by separate negotiation, are:
- Your continued ownership of the content as the original creator;
- The brand’s right to use the content for organic reposts on its owned channels for one (1) year, with creator credit;
- No paid media or out-of-home usage by the brand unless that right was explicitly purchased;
- Marketfit’s right to use the content in aggregated, anonymized form for platform improvement and case studies.
You represent that the content you submit is your original work, does not infringe third-party rights, and does not include any music, footage, voiceover, or likeness that is not properly licensed.
06FTC disclosure
You agree to follow the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and any applicable platform policy. At minimum:
- You will clearly and conspicuously disclose your material connection to the brand in each post (“#ad,” “#sponsored,” or platform-native paid-partnership labels);
- Disclosures must be at the start of captions and visible without “more” clicks where applicable;
- Spoken claims about the product must reflect your honest opinion and experience;
- You will not make health, financial, or safety claims that are not supported by the brand’s materials.
07Exclusivity during campaign
From the date you accept a campaign through thirty (30) days after your content posts (or a different period specified in the brief), you agree not to post sponsored content for any direct competitor of the brand identified in the brief. Marketfit will identify direct competitors in the brief; if a competitor is unclear, ask before posting.
08Non-circumvention
This clause protects the marketplace. For a period of 12 months following your first introduction to a brand through Marketfit, you shall not directly or indirectly:
- Accept paid promotion, sponsorship, gifting, affiliate, or content arrangement from that brand outside Marketfit;
- Solicit such an arrangement from that brand or its representatives outside Marketfit;
- Encourage the brand to bypass Marketfit’s payment, briefing, or approval workflows.
Any breach entitles Marketfit to liquidated damages equal to the greater of: the platform fee Marketfit would have earned on the circumventing transaction(s); 3× that fee; or USD $5,000 per brand circumvented. Marketfit may also seek injunctive relief without bond.
09Confidentiality
Campaign briefs, brand assets, performance data, and any other non-public information shared with you are confidential. You may not share, post, or use this information outside the campaign without written consent. Confidentiality survives termination indefinitely.
10Termination and breach
Marketfit may suspend or terminate your access to the platform for any breach of this Agreement, including failing to deliver, missing deadlines, failing to disclose, or making misleading claims. The brand may terminate a specific engagement for material breach with reasonable notice. Sections 5 (Content usage), 6 (FTC disclosure), 8 (Non-circumvention), 9 (Confidentiality), 11 (Indemnity), and 12 (Dispute resolution) survive termination.
11Indemnification
You agree to indemnify and hold harmless Marketfit and the engaging brand from any claim arising out of: (i) your failure to make required disclosures, (ii) infringement claims related to your content, (iii) statements you make about the product that go beyond the brand’s materials, and (iv) any breach of this Agreement.
12Dispute resolution
Disputes are governed by the dispute-resolution provisions of the Terms of Service: binding arbitration in San Francisco, California; class-action waiver; Delaware governing law. Marketfit may seek injunctive relief in any court of competent jurisdiction to enforce Section 8 (Non-circumvention) or Section 6 (FTC disclosure).
13Entire agreement
This Agreement, together with the campaign brief, the Terms of Service, and the Privacy Policy, is the entire agreement between you and Marketfit with respect to your participation in campaigns through the Service.