Fire-Ballz Creator Program Participation Terms

Fire-Ballz Creator Program Terms and Conditions

  1. These terms and conditions (the “Terms”) govern your participation in the Creator Program made available by our company known as ‘Fire-Ballz LLC.’ and form a legally binding agreement between you (“you”) and Fire-Ballz LLC., a company registered at 8707 279th Street, Battle Ground, WA, 98604 (hereinafter “we”, “us” or “our”). 
  1. The Terms can be amended from time to time, and any personal data processed in connection with the Creator Program will be processed in accordance with our Privacy Policy. 
  1. Please read these terms carefully before joining the creator program. If you do not agree to the terms you may not participate in the creator program.  
  1. These Terms together with the Creator Code of Conduct (as set out below) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Creator Program. 

 

What is the Creator Program? 

The Creator Program is a program we offer to our most creative users upon opt-in only, selected at our sole discretion, based on the trends of the moment. Users who accept our invite and join the Creator Program, are referred to herein as a Fire-Ballz Creator.

  1. The Creator Program is provided free of charge. 
  2. The Creator Program is our sole property and is protected by intellectual property rights. 
  3. As a Fire-Ballz Creator, you will receive certain benefits. Here are examples of benefits that, depending on the trend of the moment and our priorities, you may receive by joining the Creator Program, however, you acknowledge and agree that we are not obliged to provide you with any of the benefits listed hereafter: 
    1. Community Manager. One of our community managers may become your point of contact (the  Community Manager ), the Community Manager will not be your agent, nor represent you in any way. 
    2. Referral Revenue. You may receive a percentage of sales directly attributable to referral links that you share on your social media accounts. This percentage will be shared by your Community Manager and may be subject to change.
    3. Activities and Campaigns. You may receive early information regarding or be asked to participate in hashtag challenges, campaigns, initiatives, or programs. For the avoidance of doubt, any early information received is Confidential Information. 
    4. Feedback. You may receive feedback from the Community Manager about your content ( Feedback ), e.g., if your content is performing well and/or how to improve it. Any Feedback shall be considered Confidential Information and is meant to be used for your sole personal benefit. 
    5. Exclusive Events. You might be invited to attend exclusive events hosted or sponsored by us, or our business partners. 
    6. Merchandise. From time to time, we may provide you with merchandise for promotion or your sole personal benefit. 
    7. Communications. Subject to the Privacy Policy, you may receive promotional email and/or WhatsApp communications regarding the Creator Program, as well as newsletters, from us from time to time. If you would like to unsubscribe from these promotional emails or WhatsApp communications, click the unsubscribe button at the bottom of the promotional emails or contact your Community Manager. 
    8. Other. From time to time, additional opportunities may come up, of which we will inform you as and when they become available. 

 

How to join the Creator Program:

  1. To join the Creator Program, you must: 
    1. Apply through the link on our social channels or website, email us or, if applicable, accept the invitation to join the Creator Program that has been sent to you via email;
    2. Complete and submit the registration form that includes agreeing to be contacted by our Community Manager (as defined above), agreeing to receive marketing communications and providing your contact details so to allow a Community Manager to contact you; and 
    3. Accept these Terms 
    4. Be finally selected by us, at our sole discretion, to join the Creator Program. 
  2. To join the Creator Program, you must meet all the following eligibility criteria: 
    1. Be 18 years old or older;  
    2. Have a registered account on any or all of the following platforms: Instagram, TikTok, Youtube, Twitter, or Facebook that is in good standing and shall remain in compliance with the Terms of those platforms; and 
    3. Be capable of entering into a legally binding agreement. 
    4. (jointly the “Eligibility Requirements”).  

By joining the Creator Program, you: 
  1. Confirm that you meet the Eligibility Requirements and that you don’t fraudulently conceal your age; 
  2. Agree to comply with the Terms; 
  3. Agree you are free to join the Creator Program under these Terms and your participation in the Creator Program does neither violate the rights of a third party or any contractual engagement you may have;  
  4. Acknowledge and agree that you are solely responsible for the content you publish on the Social Media Platforms mentioned in the previous section and the consequences of posting it; 
  5. Agree to comply with the terms of the Creator Code of Conduct (as set out below); 
  6. Acknowledge and agree that a breach of these Terms, the Platform Terms and/or the Creator Code of Conduct may result in the termination of your membership of the Creator Program. Instead of terminating, we can also temporarily suspend your participation or exclude you temporarily or permanently from certain benefits of the Creator Program, at our sole discretion. Such action is without prejudice to any other remedies that we may be entitled to under applicable law;
  7. Acknowledge that these Terms are legally binding and that you are not obliged to join the Creator Program. 

 

Creator Code of Conduct

Fire-Ballz Creators are a core part of Fire-Ballz marketing efforts and agree to comply with the following code of conduct: 

  1. Fire-Ballz Creators shall be respectful towards other Fire-Ballz Creators, Fire-Ballz customers, and Fire-Ballz employees including the Community Managers. 
  2. Fire-Ballz Creators shall not harass, defame, threaten, intimidate, impersonate other Fire-Ballz Creators, social media users, Fire-Ballz customers, and Fire-Ballz employees including the Community Managers. 
  3. Fire-Ballz Creators shall not create additional or alternative social media accounts to use (or permit others to use) to do anything prohibited by or contrary to this Creator Code of Conduct.
  4. Fire-Ballz Creators shall not publish any images or details of your communications with Fire-Ballz Creators, social media users, Fire-Ballz customers, and/or Fire-Ballz employees including the Community Managers without express prior written consent. 
  5. Fire-Ballz Creators shall not publish publicly or privately the personal information and/or contact details of any Fire-Ballz Creators, Fire-Ballz Customers, Fire-Ballz employees including the Community Manager, without their express prior written consent 
  6. Fire-Ballz Creators shall comply with these Terms and all applicable laws. 
  7. Fire-Ballz Creators shall not hold themselves out, or represent, or state that they act on behalf of or represent Fire-Ballz in any capacity, without our express prior written consent. 
  8. (the “Creator Code of Conduct”). 

Your Responsibility
  1. You must not abuse the Creator Program. 
  2. You must not share contact details of a Community Manager or any of our employees. 
  3. You should not feel entitled to special treatment because of your status as a Fire-Ballz Creator. 
  4. Any information about us, our affiliates, or our products, including the Fire-Ballz company and the Creator Program, that is made available to you under this Creator Program, including, but not limited to these Terms, which is not otherwise publicly available, is our confidential information (“Confidential Information”). Confidential Information includes any and all information (in hard copy, electronic or oral form) which relates to our business, technology, affairs, products and/or activities (including but not limited to advertising campaigns, challenges, partnerships and events), which is either: (i) identified as confidential or (ii) should reasonably be recognised as confidential. 
  5. Confidential Information does not include any information that you can show by documentary evidence was: (i) in your possession before our disclosure, (ii) developed independently by you, or (iii) in the public domain prior to our disclosure. You agree not to disclose our Confidential Information to any third party under any circumstance, unless approved in writing by us or otherwise required by law enforcement authorities. Upon our request, you agree to destroy all hard copy paperwork upon which any Confidential Information is recorded, and erase all Confidential Information stored in electronic form from your computer and communications systems and devices (including but not limited to email exchanges and messages in chats between you and us). You further agree to confirm in writing, in a form and to an addressee that we provide, that the requirements of this clause have been complied with. 
  6. You must not violate these Terms, including the Creator Code of Conduct. 
  7. You will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Terms or any rights or obligations under these Terms without our prior written consent. 
  8. Any breach of the Terms may cause irreparable harm to us, for which compensation would not be an adequate remedy and, therefore, we will be entitled to any other remedies available under applicable law. 
  9. We reserve the right to cancel your membership of the Creator Program immediately at any time, without liability, at our sole discretion, if we, acting reasonably, believe you have contravened applicable laws, these Terms or the Creator Code of Conduct or if you will or could bring us or our partners into disrepute. 

Our liability
  1. We do not exclude or limit in any way our liability to you for personal injury or death caused by any negligent acts conducted by us, for fraudulent misrepresentation, intent or gross negligence or any liability that may not, by law, be limited or excluded. 
  2. In all other cases, we, to the fullest extent permitted by law, assume no liability whatsoever and shall only be liable for direct damages and not, for the avoidance of doubt, indirect damages, up to the amount of the foreseen or typically foreseeable damage. We assume no liability whatsoever as a result of your mis-use of the Creator Program. 
  3. The Creator Program is provided for personal non-business use only and we shall not be liable for any business losses. 

General and Termination
  1. We reserve the right, at our sole discretion, to modify and/or limit any aspect of the Creator Program including, for the avoidance of doubt, these Terms with a valid reason (this might include the alignment of the Terms with possible new or different features of the Creator Program or the implementation of a different business model or business strategy). We will endeavor to notify you about any changes to the Terms within a reasonable period. Should you not agree with a change, you must stop participating in the Creator Program before such a change takes effect or terminate your membership to the Creator Program by informing the Community Manager (as set out below). 
  2. We can terminate the Creator Program and/or your participation in the Creator Program at any time for convenience with seven (7) calendar days’ notice. Should we wish to exercise this right to terminate, we shall inform you via the Community Manager or via email. 
  3. You can terminate your participation in the Creator Program at any time for convenience with seven (7) calendar days’ notice. If you wish to exercise this right to terminate, please inform the Community Manager via email.  
  4. You agree that we may freely assign or novate (meaning we can transfer or replace) these Terms, and any of its rights or obligations, as long as this does not result in a reduction of your rights. 
  5. Your participation in the Creator Program does not imply or create any agency, employment relationship, representation, sponsorship, or endorsement between us and you.   
  6. Note that these Terms supersedes all earlier interaction between you and us (in writing or orally) in connection to the Creator Program. 
  7. A person who is not a party to this agreement has no rights to enforce any of these Terms. In the event that any provision of the Terms shall be determined to be illegal or unenforceable, the Terms shall otherwise remain in full force and effect. 

Governing Law

These Terms will be governed by the laws of the United States of America and any and all disputes and causes of action arising out of or connected with the Creator Program shall be referred to and finally resolved by arbitration administered by American Arbitration Association (“AAA”) in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) for time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be the United States. The tribunal shall consist of three arbitrators. The language of arbitration shall be English.