CREATOR PROGRAM AGREEMENT
This Creator Program Agreement (this "Agreement") is entered into by and between:
Punters Golf, an Australian corporation with its principal place of business residing on the Gold Coast, AUS and the undersigned creator.
RECITALS
Company operates advertising campaigns across social and digital channels and seeks to collaborate with content creators to produce user-generated content (UGC) that may be used as paid ads or organic content.
1. DEFINITIONS
"Ad Content": any video, image, or other media created by Creator that is used in paid advertising campaigns by Company.
"Organic Content": any video, image, or other media created by Creator that is used in Company's non-paid or organic channels.
"Total Ad Spend": the total amount Company spends on ads that utilize Creator's Ad Content.
"Total Sales": net sales attributable to Organic Content via tracking.
"Testing Budget": a predefined budget allocated by Company for testing new shoots/batches.
"Batch": a group of shoots/tested videos created as a cohesive set for testing.
2. TERM
This Agreement begins on the Effective Date and continues until terminated by either Party in accordance with Section 12.
3. GRANT OF RIGHTS
Creator grants Company a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, edit, modify, distribute, perform, and display Content in any media now known or later developed.
Creator waives any rights to royalties or additional consideration for the use of Content, except as otherwise provided in this Agreement.
4. PAYMENT STRUCTURE
4.1 Ad Content (Paid Ads): Creators will receive 10% of Total Ad Spend attributable to Ad Content used in paid campaigns.
Payment cadence: Fortnightly (every two weeks) via bank transfer to the account designated by Creator.
4.2 Organic Content: Creators will receive 10% of Total Sales attributable to Organic Content as tracked by the Company's attribution system.
4.3 Reporting: Company will provide a transparent, real-time dashboard showing performance metrics, updated at least every 2 days.
5. TESTING BUDGET AND BATCHES
All shoot batches will be allocated a Testing Budget to test variations in style, script, outfits, tone, and location.
If testing is profitable, Creator will be paid according to Section 4.
6. ATTRIBUTION AND TRACKING
All Ad Content must include proper tracking (e.g., UTM parameters, unique campaign IDs) to enable accurate attribution.
All Organic Content must include UTM parameters at the end of website links to track conversions. Punters will provide personalized website links that contain UTM parameters.
7. TRANSPARENCY AND COLLABORATION
Fortnightly Live Sessions: Company will host a live call or recorded session every two weeks to discuss what ads are working and how campaigns are being analyzed.
Ongoing visibility: Creators will have access to performance data and a running leaderboard in Notion.
8. STANDARDS AND APPROVALS
Creators must comply with all applicable laws, platform policies, and Company guidelines.
All Content will be reviewed and approved by Punters prior to publication.
For organic content, creators have no limitations to the content they wish to post. If they choose to tag/collaborate Punters in the post, Punters admin will approve requests that align with our brand.
9. COMPLIANCE AND LEGAL
Creator warrants that Content does not infringe any third-party rights, including copyright, trademark, or privacy rights.
Creator agrees to comply with applicable advertising regulations and disclosures where required.
10. CONFIDENTIALITY
Each Party agrees to keep confidential all non-public information disclosed in connection with this Agreement, including performance data and payout figures, unless required by law.
11. INTELLECTUAL PROPERTY OWNERSHIP
Company owns all right, title, and interest in and to the Content created under this Agreement for use in paid and organic campaigns.
12. TERMINATION
Either Party may terminate this Agreement with 30 days prior written notice.
Upon termination, Company may continue to use Content already produced and approved prior to termination.
Outstanding payments for Content created prior to termination will be paid in accordance with Section 4.
13. REPRESENTATIONS AND WARRANTIES
Each Party represents that it has the authority to enter into this Agreement.
Creator represents that Content will be original or properly licensed, and Creator has the necessary rights to grant Company the rights set forth herein.
14. DISPUTE RESOLUTION
Any disputes arising out of or related to this Agreement shall be resolved through good-faith negotiations. If unresolved, the Parties agree to mediation before seeking any legal remedy.
15. AI USAGE
Permitted AI Use: Company may use artificial intelligence (AI) technologies to assist with or generate audio elements related to Content, including voice alteration, synthetic speech, and AI-generated scripts or voiceover content. This permits only audio/voice-related AI modifications and does not authorize AI-generated visual avatars or likenesses of the Creator.
Attribution and Payout: AI-assisted Content remains eligible for the same payout rates and tracking as non-AI Content, and will be attributed to the Creator.
Creator Consent: The Creator acknowledges and consents to the use of AI technologies for the purposes described herein.
16. LIMITATION OF LIABILITY
Except for willful misconduct or gross negligence, neither Party shall be liable for indirect, incidental, special, or consequential damages arising out of this Agreement.
17. INDEPENDENT CONTRACTOR
The Creator is an independent contractor and not an employee, partner, or joint venturer of Company.
This is not a full-time role. There are no leaves, sick days, or other employee benefits. No superannuation or retirement benefits are provided by Punters Golf; this is a contract-only engagement.
18. TAXES
Creator is responsible for all taxes and withholdings arising from compensation paid under this Agreement.
19. MISCELLANEOUS
Entire Agreement; Amendments: This Agreement contains the entire understanding of the Parties and may be amended only in writing signed by both Parties.
Notices: All notices under this Agreement shall be in writing.
Electronic Signatures: This Agreement may be executed in counterparts and may be delivered by electronic means.