These Terms of Service (“Terms”) govern the use of CreatorPear LLC’s online marketplace located at creatorpear.com (the “Platform”), which allows brands (“Brands”) to hire creators (“Creators”) listed on the website. By accessing or using the Platform, you ("you," "your," or "user") agree to comply with and be bound by these Terms. These Terms include important disclaimers, limitations of liability, and other provisions to protect CreatorPear LLC. Please read them carefully.

1. Terms for Brands

1. Submitting Proposals
   Brands may submit proposals to any creator listed on creatorpear.com. All proposals submitted will first be sent to CreatorPear LLC and its team, and only then forwarded to the specific creator chosen by the Brand. By submitting a proposal, Brands agree to CreatorPear LLC’s Privacy Policy and these Terms.
2. Privacy Agreement
   Brands who submit proposals must agree to CreatorPear's Privacy Policy, which governs the collection and use of personal or company information. Any proposal submission requires adherence to the policies stated in the Privacy Policy.
3. No Direct Communication Without Authorization
   Brands may not communicate directly with any creators listed on creatorpear.com without prior authorization from a CreatorPear LLC administrator. Any unauthorized direct communication may result in the suspension or termination of the Brand's account.
4. Prohibition on Circumvention of Marketplace
   Brands that attempt to circumvent CreatorPear LLC’s marketplace and hire creators externally (outside the Platform) will be permanently banned from using the Platform. CreatorPear LLC reserves the right to take legal action against Brands for circumventing its services.
5. Hiring Creators
   Brands may hire creators under the following conditions:some text
   • Monthly Retainer: Brands may agree to pay a monthly retainer with set performance requirements the creator must meet on a monthly basis. The brand may additionally agree to pay a commission based on the sales the creator generates.
   • Commission-Based Model: Brands may agree to pay a commission based on the sales the creator generates through social media or other services, with no monthly retainer.
6. Payment Process
   Once a creator accepts a proposal, CreatorPear LLC will directly collect payment from the Brand. Brands are required to provide timely payment based on the terms agreed upon in the proposal or agreement, whether through a retainer, commission, or other payment structure.
7. Obligation to Pay
   Brands are obligated to pay the proposed monetary values after the agreement provided by CreatorPear LLC or a custom agreement proposed by the Brand is signed. Failure to pay in a timely manner may result in suspension of the Brand’s access to the Platform and potential legal action.
8. Refunds and Disputes
   If a creator fails to meet the agreed-upon requirements as outlined in the proposal, CreatorPear LLC will refund the Brand for any payments made. CreatorPear LLC is not responsible for paying the creator if the creator does not meet the agreed-upon requirements. Refunds are at the sole discretion of CreatorPear LLC.
9. Legal Action for Non-Payment
   CreatorPear LLC reserves the legal right to pursue any Brand that fails to pay a creator after services are completed and all requirements are met. Brands are provided a 30-day grace period to make payment following the completion of services.
10. CreatorPear LLC’s Liability
    CreatorPear LLC is not liable for the actions or failures of any creator to complete the work or meet service requirements. By using the Platform, Brands acknowledge that CreatorPear LLC is a middleman facilitating connections and payment processing, but is not responsible for the actual fulfillment of services by creators.
11. Discord Channel Agreement
    Brands who join CreatorPear’s Discord server agree to be placed into a private channel with the creator upon mutual agreement of the services to be provided.
    
    ‍

2. Terms for Creators

1. Listing on CreatorPear.com
   Creators who submit a marketplace application or marketplace update form grant CreatorPear LLC permission to list their submitted details on creatorpear.com. By participating in the marketplace, Creators agree to have their profiles and services made publicly available.
2. Membership Requirement
   Creators must have an active Basic or Premium membership to be listed on creatorpear.com and to submit proposals to Brands.
3. Performance of Services
   Once a creator accepts a proposal from a Brand, the creator is obligated to meet all service requirements as outlined in the agreement. If a creator fails to meet these requirements, CreatorPear LLC reserves the right to withhold payment and refund the Brand, at its sole discretion.
4. Payment Distribution
   Once a creator has fulfilled the agreed-upon services and met all requirements, CreatorPear LLC will pay the creator anywhere from 75% to 100% of the payment collected from the Brand, after applicable fees. The exact amount will depend on the service terms and any fees imposed by CreatorPear LLC. If a creator does not meet the requirements, CreatorPear LLC is not obligated to pay the creator.
5. Independent Contractors
   Creators listed on creatorpear.com are independent freelancers and are not employees of CreatorPear LLC. CreatorPear LLC acts as an intermediary between Brands and Creators, and is not responsible for the creators’ actions, deliverables, or adherence to deadlines. All agreements for services are directly between the Brand and the Creator.
6. Liability for Creator Actions
   CreatorPear LLC is not responsible for any claims made by a creator regarding a Brand or its products. Additionally, CreatorPear LLC is not liable for any creator failing to meet deadlines or failing to perform the services outlined in the agreement with the Brand.
7. Refunds and Disputes
   If a creator does not meet the requirements outlined in the proposal or agreement, CreatorPear LLC reserves the right to issue a refund to the Brand and withhold payment from the creator. Disputes regarding service performance will be handled at CreatorPear LLC’s discretion.
8. Discord Channel Agreement
   Creators who join CreatorPear’s Discord server agree to be placed into a private channel with the Brand upon mutual agreement of the services to be provided.
   
   ‍

3. General Terms and Protections for CreatorPear LLC

1. Limitation of Liability
   CreatorPear LLC is not liable for any damages, direct or indirect, arising from the use of the Platform, the interaction between Brands and Creators, or the performance (or non-performance) of services by Creators. The Platform is provided on an "as-is" basis, and CreatorPear LLC makes no guarantees regarding the quality or outcomes of services rendered by creators.
2. Indemnification
   Users (both Brands and Creators) agree to indemnify and hold harmless CreatorPear LLC and its employees, directors, and agents from any claims, damages, liabilities, or expenses arising from their use of the Platform, violation of these Terms, or failure to meet their obligations under these Terms.
3. Dispute Resolution
   Any disputes arising between Brands and Creators must be resolved directly between the parties. CreatorPear LLC may, at its sole discretion, assist in facilitating dispute resolution but is not required to do so.
4. Modifications to Terms
   CreatorPear LLC reserves the right to update or modify these Terms at any time. Any changes will be posted on this page, and continued use of the Platform following such changes constitutes acceptance of the revised Terms.
5. Termination of Access
   CreatorPear LLC reserves the right to suspend or terminate access to the Platform for any user who violates these Terms or engages in any activities deemed harmful to the Platform or other users.
6. Governing Law
   These Terms are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.
   
   ‍

4. Contact Information

If you have any questions about these Terms, please contact us at:
contact@creatorpear.com

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.

‍