klout x nuorganic Creator Terms & Conditions

Klout Global or Klout is in the business of providing content creation for brands and representing influencers. The social media user "Creator" has agreed to provide services for Klout in accordance with the Key Details and the terms and conditions on the following pages (which together form this “agreement”). Klout is in partnership with NuOrganic Cosmetics for creator management. 
Term
Month to Month
Scope of Work
Creator will post content to their social media for brands represented by Klout and Klout will partner with the Creator to provide coaching and content resources. The Creator will provide ad content and/or affiliate content on their personal social media accounts for NuOrganic Cosmetics. 
Creator Compensation 
Compensation will be subject to each creator campaign managed by Klout Global for NuOrganic Cosmetics. Creator shall be compensated via affiliate commissions and/or direct payments. 
60-Day Creator Requirement
Creator agrees to post within sixty (60) days of receiving the free product(s) from NuOrganic Cosmetics. If the Creator does not meet this requirement, the Creator agrees to reimburse NuOrganic at full retail price for the products they received. If reimbursements are not met, the Creator understands that NuOragnic may exercise the right to move forward with necessary legal action to recuperate said funds.
Creator must notify NuOrganic Cosmetics or Klout Global in writing prior to the 60 days if this can not be met for any reason. 
General Terms & Conditions
  1. Creator shall show reasonable care/diligence in order to perform the tasks according to this framework agreement and individual assignments on the highest possible professional level.
  2. Creator is entitled to use the assistance of sub-contractors as well. In such a case, the Creator assumes responsibility for the activity of such sub-contractor as if he/she had performed the task itself.
  3. Klout undertakes to provide the Creator with information, data and access codes necessary for the completion of tasks in a timely manner for the Creator and in the form specified by the Agent. This includes but not limited to: script content, affiliate links, and affiliate codes.
  4. The Creator shall follow Klout's instructions. The Creator may be allowed to deviate from the instruction of the Klout, if it is essential for the protection of the interest of Klout and the represented brand, and if a prior notice of Klout is made. In such case, Klout shall be notified without delay.
  5. Creator shall not post content related to any false statements about NuOrganic Cosmetics and Klout or any content that may harm the reputation of Klout and NuOrganic Cosmetics in any way. Creator shall not make medical or scientific claims about products. Creator shall not make a direct comparison between represented brand products and competitor/non-competitor brand products. Including but not limited to making statements or claims about their experiences, positive or negative, with competitor/non-competitor brand products.
  6. Creator is entitled to 100% of the fee related to the individual assignment completed. Payment details shall be written for each individual assignment. Klout will provide the payment details, scope of work, and deadlines to accept and complete each assignment.
  7. If Klout gives unreasonable or unprofessional instructions, the Creator shall notify the Klout on such instruction. If Klout insists on his instructions despite the warning, the Creator is entitled to withdraw from the Contract or to terminate this Framework Contract or individual assignment, or may perform the assignment at Klout's risk according to Klout's instructions. The Creator is obliged to refuse to perform the instruction if its implementation would result in a violation of law or violation of an authority decision or would otherwise endanger any third party, or any third party’s assets, or good reputation.
  8. Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Creator Services, such as:
    • An act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
    • Or other (inclusive of hostility, war, invasion); ​
    • Or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).
  9. The property rights related to the advertisements, as intellectual property produced by the Creator, created during the fulfilment of individual assignments shall be transferred to the represented brand at the time of the complete payment of the fee. The Creator shall exercise his by law non-transferable individual rights and the “copyright control” on the intellectual property in good faith, and shall refrain from exercising such rights to such an extent which can negatively affect the interests of the represented brand in relation to the intellectual property. Klout and the represented brand may use the Creator content for purposes including but not limited to: social media posts, advertisements, website content.
  10. Klout will provide the Creator with free or discounted products from the represented brand to post content as needed.
  11. If the Creator cannot complete the individual assignment, Creator may be subject to loss or partial payment.
  12. Klout agrees that in case of a successful completion the Creator may publish Klout's name and the nature of the task performed on website and on other on-line and off-line platforms except if the represented brand does not allow their content to be public. With the prior written authorization of Klout the Creator is allowed to prepare a case study on the completion of the task.
  13. Creator maintains full rights to their individual TikTok and other social media accounts. Creator may post any organic videos unrelated to Klout and the represented brand to continue to build the health of the account as it relates to engagement and followers.