Due to the update of the terms and conditions as of 27 October, today we summarise the most important points to keep in mind as a content creator.



First we should know the meaning of some terms that appear in the document:

Marketer: Brand or person in charge of managing collaborations between brands and content creators (Digital Boosters).
Collaboration agreement: Agreement between the brand and the content creator.
Campaign: Advertising strategy carried out by a marketer.
Platform: Filiatly website where, after the user logs in, the collaboration agreements between marketers and content creators are established.

Below you will find which point we are dealing with in order to facilitate the search in the document.

2.b The details of a campaign are reflected in a collaboration agreement that must be accepted by Filiatly and the creator. This does not mean that a negotiation with the marketer can take place, although this must always be accepted in writing by both parties. In the event that there is no explicit agreement, "the collaboration framework agreement shall apply". This is a standard agreement that contains the following conditions in point 19:
"BRIEFING: The marketer will provide the content creator with the goal and details of the campaigns, as well as the economic conditions and delivery dates."
DURATION: the collaboration framework agreement will have by default an unlimited duration that can be terminated without prior notice by the marketer as long as the agreed financial amounts have been paid. With this we accept that no campaign can be terminated until the content creator has received his agreed fees.
PAYMENT: in the event of any monetary consideration between marketer and content creator, this will be made through Filiatly, according to Filiatly's Terms and Conditions that apply in each case". It is important to note that this applies according to the terms and conditions of each case, as in some types of campaigns payment is not made through Filiatly.
CONTENT REQUIREMENTS: When there is a previously agreed financial consideration in a campaign, the marketer may require approval of the content prior to publication. When payment is by results, the content creator has complete freedom and will not require prior approval. Pay-for-performance includes commission programmes.

2.f Under "Additional terms" there is one condition to note:
"Filiatly. reserves the right to withhold and reasonably adjust the Creator's Fees where the Creator fails to provide the Campaign Content (A) as described in the Collaboration Agreement, or (B) to the reasonable satisfaction of the Marketer." This is only for campaigns whose terms involve an agreement that the published content must follow certain guidelines, so does not apply to commission programme campaigns.

3.c Technical support: It will be helpful to know that as a content creator you have technical support Monday to Friday:
Monday through Thursday from 9:00am to 5:00pm and Friday from 8am to 2:00pm via platform support chat or at [email protected] Messages arriving after hours will be responded to on the next available day.

4.b The content creator is responsible for keeping their details up to date on the platform. It is important that the information is current, complete and accurate, such as the correct Paypal email address. If this email is incorrect or the partner does not have access to it, it is their responsibility and the payment will be lost.

4.c Termination of the account by Filiatly. Filiatly may terminate, suspend, restrict or prohibit access to a creator's account for any reason without notice, for example, if the content creator receives the product and never publishes. Typically the reasons are when the partner is in breach of the partnership agreement.

4.e For the removal or termination of the creator account, the creator can do so in two ways:
Notifying by email to [email protected] and receiving a written confirmation from Filiatly.
By logging into the platform in their user profile "Settings" and clicking on "Delete account".

5.b.vii "The creator shall not remove any campaign content that the creator has published on a social media channel for at least 30 days from the date it was published" This is subject to the terms of the partnership agreement, i.e. unless otherwise stated the content must remain published for 30 days from the date of publication. Does not apply to time-limited content such as Instagram stories.

7. b and c Ownership and Licensing. In these points the content creator who registers on the platform accepts that:
Creator owns the content it publishes on its social networks for Filiatly campaigns.
The creator offers a licence to Filiatly to use this content for a period of 2 years from the date of publication. This licence may be granted to the marketers who own the campaigns with which the creator has collaborated so that it can be used for the marketer's own promotional purposes. It is good to know that the marketer does not have any rights to the creator's content that is not part of the campaign.
This licence can also be used for commercial purposes by Filiatly, for example to be included in a "portfolio" on the website for brands to view or in "success stories" on the platform, or to promote the content through the "whitelisting" advertising method upon acceptance of the partner in the collaboration agreement.

The content creator should be aware that all information disclosed from the campaign is completely confidential and he/she has no right to disclosure.

13.b In the event of a dispute, the creator agrees that he/she will conduct his/her own defence of such claim or action. However, Filiatly may participate in such negotiation to facilitate the resolution of the dispute by paying its own costs associated with the dispute. For example, if the dispute is with a marketer, Filiatly will do everything possible to resolve the dispute without having to take legal action, but in the event that legal action is taken, the creator is responsible for the legal costs involved.

14.b Returning to the subject of creator account termination, apart from how to terminate an account, the following points should be noted:
Accounts will be closed after 30 days notice with express written confirmation from Filiatly.
The account will be closed provided that (1) the campaigns have been completed satisfactorily, (2) any disputes in which the creator was involved have been resolved, (3) the creator has been paid and there are no outstanding funds in their account and (4) the creator has complied with any partnership agreements to which they have been invited.
It is important to note that once the termination has been processed, the creator will not have access to any information related to their account.

It is possible for Filiatly to terminate a partnership agreement. In this case, if applicable, the amounts due for the content completed up to the date of termination will be paid. This is done within 14 days of written notification to the creator of the termination.

15.a The million dollar question, when does the content creator get paid? Payments are made on the 15th or the last day of the month "The creator's fees are due and payable on the payday that falls 30 days after the date on which the creator has uploaded the invoice for their service to the platform and has been validated by the Filiatly team."
All payments will be made by Paypal.

15.b It is possible to request changes to the rates of the partnership agreement by the creator or by Filiatly. This request must be notified in writing and accepted by both parties.

15.c If an incorrect payment has been made by Filiatly, the Creator must notify Filiatly within 30 days after receipt of the payment.

15.d The Creator is responsible for the payment of its own taxes (including any interest or penalties imposed due to non-payment) on income earned with Filiatly.

15.g "Creator agrees that, for a period of 12 months after the date on which Creator enters into a Collaboration Agreement with Filiatly, Creator shall only use the Platform or the Services as Creator's sole and exclusive method of communicating and interacting with, or soliciting or accepting engagements from, Marketer(s) with whom Creator has worked" i.e. no further collaboration is possible outside of the Platform, Filiatly must be used as an intermediary in the 12 months from the date of the Collaboration Agreement. Thus also the assignment of inclusion in whitelisting to other platforms than Filiatly during and after the term of these Terms of Service is not permitted.

16.a Communication related to campaigns will be carried out via Filiatly's chat.

16.b The creator must keep complete and accurate records related to a campaign for 2 years as Filiatly has the right to request them and the creator agrees to send them within 10 days of the request being sent.

18.a Filiatly is not responsible for the content published on the websites to which we provide links on the platform. We therefore make no warranties or representations whatsoever about the information contained on such websites. These links are operated by third parties.

20. g.ii For any dispute related to the platform the creator can send an email to [email protected] and Filiatly will do its best to resolve it.



Here we have summarised the terms and conditions that we have considered most relevant and of great importance to the creator, if you have any questions or want to know more information, you can read the full updated document on the Filiatly website.
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