The Swazie, LLC (“PhotoFi”) Creator Badge terms and conditions (the “Creator Badge Terms”) govern your (any participating individual or entity is referred to as “you,” “your,” or “Creator”) participation in the Creator Badge Program (the “Program”) on PhotoFi. These Creator Badge Terms incorporate and are expressly subject to PhotoFi’s Terms of Service. In the event of any actual conflict between these Creator Badge Terms and the Terms of Service, these Creator Badge Terms will control during the Term (defined below), solely with respect to Creator’s participation in the Program. Upon expiration or termination of the Program or Creator’s participation in the Program, the Policies will remain in effect and continue to apply to Creator’s use of PhotoFi.
To apply, you must submit a complete Program application. PhotoFi will evaluate Creator’s application and eligibility and will notify Creator of their acceptance or rejection, which shall be determined by PhotoFi in its sole discretion. PhotoFi may reject an application if PhotoFi determines (in its sole discretion) that Creator does not meet the eligibility requirements of the Program or is otherwise not in compliance with the Terms of Service. If Creator’s application is rejected, Creator may re-apply, but Creator must wait 30 days after delivery of the rejection notice before re-applying.
PhotoFi is not responsible for any incorrect or inaccurate information supplied by any Creator. You represent and warrant that all application information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.
By applying for and participating in the Program, Creator agrees as follows:
At all times during participation in the Program, only those Creators meeting all of the following requirements are eligible to participate in the Program:
PhotoFi reserves the right to add or modify eligibility requirements in its sole discretion.
The Term of this Agreement shall begin on the Effective Date and last for one (1) year, unless terminated as set forth below. This Agreement will automatically renew for successive one (1) year periods, unless terminated as set forth below.
Subject to Creator’s compliance with these Creator Badge Terms and Terms of Services at all times during the Term and confirmation by PhotoFi that Creator’s PhotoFi account is in good standing, Creator may accept monetary Tips via Creator’s icon badge based on Creator’s total legitimate, unique video views for eligible User Content that complies with these Creator Badge Terms (“Video Views”). This excludes views that PhotoFi determines in its sole discretion are (i) artificially produced or obtained, (ii) paid or incentivized views, (iii) the Creator’s own views or those acting in concert with Creator to inflate video views, or (iv) otherwise in violation of these Creator Badge Terms, including any attempts to manipulate platform mechanisms to increase interaction metrics, as solely measured by PhotoFi. All statistics regarding the number of Video Views are based solely on PhotoFi data, and subject to PhotoFi’s sole discretion regarding eligibility of content or views.
Any financial transaction(s) conducted using PhotoFi shall be carried out using a third-party service provider(s) that is not affiliated with or under the control of the PhotoFi and shall be subject to all of the following: the Privacy Policy; the Terms of Use and all other applicable terms and conditions for each third-party service provider(s) facilitating such financial transactions on PhotoFi. Furthermore, PhotoFi shall not be responsible for any transactions or dealings conducted through such third-party service provider(s). It shall be Creator’s sole responsibility to pay any fees, charges and/or costs associated with the use of any third-party service provider(s) while using the Services. Presently, PhotoFi uses Stripe as its third-party service provider for the Services. Stripe’s website is located at https://www.stripe.com and Stripe’s privacy policy is located at https://stripe.com/privacy.
You agree to be bound by the terms, conditions, and policies of any such third-party service provider(s), including without limitation Stripe. You agree that the products and/or Services may be impacted and/or changed by any change to the services offered by third party service provider(s), including without limitation Stripe.
From time to time, and in PhotoFi’s sole discretion, PhotoFi may modify the payment structure on a prospective basis and/or offer other methods of accruing payment.
Within thirty (30) days of the close of the prior monthly reporting period, Creator’s payment shall be calculated and payable in U.S. dollars via PhotoFi’s third-party service provider so long as Creator complies with these Creator Badge Terms. PhotoFi shall receive 50% (fifty percent) of the accrued monthly proceeds while Creator shall receive the remaining 50% (fifty percent). PhotoFi reserves the right to modify the above percentage break-down at any time.
PhotoFi may terminate or suspend Creator’s participation in the Program immediately in its sole discretion: (a) if Creator breaches these Creator Badge Terms or Terms of Services, including, without limitation, for failure to meet or maintain the eligibility requirements; (b) if Creator becomes involved in any situation or occurrence that could reflect unfavorably upon Creator or PhotoFi (including the Platform, the Program, or any employees of PhotoFi); and (c) without cause for any reason.
In addition, any breach of these Creator Badge Terms, shall cause Creator’s Tip icon to be subject to removal by PhotoFi. Furthermore, in the event that PhotoFi at any time determines in its sole discretion that any Video Views or related content are (i) artificially produced or obtained and/or (ii) paid or incentivized views, PhotoFi may suspend or cancel Creator’s participation.
Termination will become effective upon PhotoFi’s delivery of a termination notice through the Program. Creators that are terminated from the Program for cause are ineligible to re-apply for participation in the Program, at PhotoFi’s sole discretion. You may terminate your participation in the Program at any time by following the cancellation process set forth on the PhotoFi Creator Badge Page accessible via PhotoFi’s website and/or Application.
Creator represents and warrants:
Subject to the terms of this section, the details of any reporting metrics that may be provided by PhotoFi or other non-public information contained or resulting from this Program shall be kept strictly confidential by Creator and not published or shared with any third party, except to legal or professional advisors under an obligation of confidentiality.
Creator understands that PhotoFi may issue an official press release relating to the Program and Creator’s participation in the Program, provided any inclusion of Creator will be subject to Creator’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
Notwithstanding the foregoing, PhotoFi reserves the right to publicly designate Creator as a participant in the Program, and Creator represents and warrants that Creator shall clearly and conspicuously disclose Creator’s participation in the Program when making any endorsement of PhotoFi (including a disclosure, such as an ad or other organic disclosure, placed in copy, in voiceover in a video, or through superimposed script on an image, as applicable, that communicates to a viewer that Creator participates in the PhotoFi Creator Badge and receives payment from PhotoFi), whether in User Content posted on PhotoFi, or in content posted in third-party media.
The parties acknowledge that their relationship is that of independent contractors and nothing contained in these Terms will be deemed to create or be construed as creating any partnership, joint venture, or employment relationship with PhotoFi or any third party.
Creator agrees that Creator is not an employee of PhotoFi and is not entitled to (and also hereby waives to the maximum extent allowed by law) any benefits provided or rights guaranteed by PhotoFi, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance.
PhotoFi may modify any of the terms and conditions contained in these Creator Badge Terms, at any time and in its sole discretion. PhotoFi will make efforts to provide notice to Creator of any Program modifications; provided, however, that PhotoFi is not responsible for Creator’s failure to receive notice of changes, and Creator agrees to review any updated Creator Badge Terms to ensure that Creator is familiar with the most recent version of such Creator Badge Terms and Terms of Service.
Creator’s continued participation in the Program following the public posting of updated Creator Badge Terms to Creator shall constitute Creator’s acceptance of the updated Creator Badge Terms. If Creator does not agree to any updated Creator Badge Terms or Terms of Service, Creator may terminate their participation in the Program at any time.
The failure of PhotoFi to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Creator Badge Terms shall not constitute a waiver of such rights. Creator may not assign, transfer, or delegate any rights or obligations contained in these Creator Badge Terms. PhotoFi may assign these Creator Badge Terms at its option without prior notice to Creator.