Creator Program Terms & Conditions

Shuttlerock Creator Program Terms & Conditions

Last Updated: August 2025

1. INTRODUCTION AND DEFINITIONS

a. Shuttlerock engages with content creators who wish to provide original user generated content to Shuttlerock’s brand owner customers (Shuttlerock Creator Program)

b. These Terms govern the relationship between you as a content creator participating in the Shuttlerock Creator Program, and Shuttlerock. In these Terms:

i) Best Practice Guidelines means Shuttlerock’s most current guidelines for the production of Creator Content for Shuttlerock Customers, as provided to you by Shuttlerock from time to time;

ii) Confidential Information means:

• all information which Shuttlerock provides to you under or in connection with each SOW, including the information contained in each SOW; and
• all drafts and components of the Creator Content, other than final versions of Creator Content accepted by the relevant customer under a SOW;

c. Creator Content means original digital content created by you as an independent content creator in your signature style, which features, promotes or markets a Shuttlerock customer’s brand, product or services;

d. including and similar words do not imply any limitation;

e. Shuttlerock means Shuttlerock Limited, NZ company number 3409751, together with, if applicable, the subsidiary company of Shuttlerock Limited that enters into a SOW with you;

f. Rate Card means the rate card provided to you with these Terms setting out the standard fees payable by Shuttlerock for production of standard types of Creator Content. Shuttlerock may amend the Rate Card by sending you a new Rate Card, but the amended Rate Card will only apply to SOW’s entered into after its receipt by you;

g. SOW means a scope of work document provided by Shuttlerock to you setting out the brief for Creator Content which a Shuttlerock customer wishes to be produced;

h. Terms means these terms and conditions together with the Best Practice Guidelines and the contents of each SOW. If there is any conflict between the content of a SOW and these terms and conditions, the SOW takes precedence;

i. Us and We means Shuttlerock;

j. You and Your means you, the Content Creator, who has agreed to participate in the Shuttlerock Creator Program by signing these terms.

2. HOW THE PROGRAM WORKS

a. Shuttlerock may use the following methods to source, identify and recruit a Content Creator:

i) Search on social media platforms, including but not limited to Facebook, Instagram, TikTok, Snap and YouTube.

ii) Third-party Content Creator discovery tools.

iii) Advertisements on social media, digital sites or other online and offline channels.

iv) Direct applications via a submission of interest form.

b. When Shuttlerock receives an application from a Content Creator, we review the information you have provided alongside any publicly available information about you on the sources listed at 2.a above, and assess it for suitability and alignment with our quality standards and Customer requirements, including brand safety requirements. If a Content Creator is likely to be a good fit then Shuttlerock will ask the Content Creator to review and sign a copy of these Terms and Conditions, and then arrange an onboarding call to provide more information about the how the Program works.

c. If a Content Creator is not accepted to join the Program, Shuttlerock will delete the Content Creator’s information within 60 days of the decision to not accept the Content Creator into the Program. Shuttlerock reviews Content Creator profiles regularly to ensure Content Creators continue to be suitable and aligned with Our quality standards and Customer requirements.

d. Once onboarded, Content Creators provide video examples of their content to Shuttlerock. Shuttlerock (unless We consider the content to be unsuitable) makes some or all of those examples available for review by Shuttlerock’s customers on internal, non-public-facing systems.

e. Customers select a Content Creator, based on Shuttlerock’s recommendation, to produce Creator Content. Shuttlerock then sends the selected Content Creator a SOW detailing the Creator Content to be produced for the Customer, together with the Best Practice Guidelines. If the Content Creator accepts the SOW, he or she is engaged to produce the Creator Content required by that SOW.

f. The fees payable by Shuttlerock for Creator Content are set out in the Rate Card. Fees are only payable if Shuttlerock’s Customer accepts the Creator Content.

g. Content Creators must deliver the Creator Content in the timeframe stated in the SOW. If the Creator Content is accepted by the Customer, Shuttlerock will notify the Content Creator and will initiate payment within 5 workings of receipt of a valid invoice. If the Creator Content is not accepted by the Customer, no fee is payable.

h. Shuttlerock will own all intellectual property rights in the Creator Content and may deal with those intellectual property rights as it sees fit, including by editing the Creator Content and assigning them to the Customers whom the content was created for.

i. You participate in the Shuttlerock Creator Program, and perform work under these Terms, as an independent contractor. Nothing in these Terms is intended to create a relationship of employment, agency, partnership or any similar relationship.

3. YOUR OBLIGATIONS

a. You must:

i) Only provide Creator Content to us if you are 18 or older.

ii) Produce and supply us with Creator Content in accordance with the requirements of each SOW that you accept. You must also comply with the requirements of the applicable Best Practice Guidelines and any other reasonable requirements we advise you of in writing.

iii) Provide the Creator Content on or before the due date as stated in the brief. This timeline will commence when the SOW is accepted. Or, if product shipment is required, the timeline will commence upon receipt of the product.

iv) Only submit Creator Content (including video, audio, music, images, and graphics) that is created by and original to you, and

v) Obtain all applicable releases, consents and assignment of rights from any person who appears in or contributes to your Creator Content before providing that content to Shuttlerock under a SOW. You must retain your own copies of all such releases, consents, assignments of rights and licenses.

b. Your Creator Content must not:

i) Include anything that is untruthful or misleading in regards to the brand, or which could bring the Customer named in a SOW or their brands into disrepute;

ii) Contain anything that is offensive, abusive, defamatory, libelous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit or indecent, or which is likely to harass, upset, embarrass or scare any person;

iii) Include anything that has previously been published or made public, unless stated otherwise in the SOW.

iv) Include anything that infringes the rights of any third party including third party copyright, trademarks, rights in confidential information or privacy rights;

v) Violate any applicable laws in the United States of America or any other jurisdiction that you’re in whilst making the Creator Content;

vi) Include advertising or promotional messages, other than those specified in the SOW;

vii) Refer to third party names, brands or services, other than those specified in the SOW;

viii) Identify any person without having obtained their express written consent, or the express written consent of their parent or legal guardian if they are under 18 years of age;

ix) Disclose anyone’s personal information without their express written consent, or otherwise breach their privacy;

x) Contain any personal information, including still or moving images or the voice, of any person under 18 unless you have obtained the express written consent of their parent or legal guardian.

xi) Disclose any health or medical information or any other information that constitutes “protected health information” as defined by The HIPPA Privacy Rule in the USA, special category information as described in Article 9 of the EU or UK GDPR or equivalent in other jurisdictions about yourself or anybody else.

xii) Publish, distribute or otherwise exploit all or part of any Creator Content (or any version or derivative of it) on any social channel, website or any other digital media, except with Shuttlerock’s prior written permission.

xiii) Be registered with any government, industry, professional body, or other official registry as the intellectual or moral property of you or any other party.

xiv) Be used in or linked to, whether in whole or in part, any non-fungible token or substantially equivalent technology.

4. INTELLECTUAL PROPERTY

a. You agree that Shuttlerock will own the copyright and all other rights, title and interest in Creator Content which You supply to us under a SOW. You waive, for the benefit of Shuttlerock and any of its assignees and licensees, all moral and similar rights which You may have in connection with that Creator Content.

b. You must, if requested by Shuttlerock, execute any further agreements needed to ensure that all rights granted under these Terms fully vest in Shuttlerock.

c. You acknowledge that Shuttlerock:

i) Has the exclusive right to use and exploit your Creator Content including by publication of that content on Shuttlerock’s website and social media channels;

ii) May assign any of its rights in respect of your Creator Content to its customers or to third parties; and

iii) May publish your sample content on Shuttlerock’s website and social media channels to promote the Shuttlerock Creator Program.

d. Shuttlerock may, in specific circumstances and at its sole discretion, authorise limited use of Creator Content outside the scope of the campaign. Such authorization must be explicit, in writing, from Shuttlerock. This authorization can be revoked at any time at Shuttlerock’s discretion.

e. You acknowledge and agree that Shuttlerock may use artificial intelligence tools to edit and post-produce Creator Content, including:

i) Creating, storing and using a synthetic or cloned version of your voice (a Voice Clone) for minor post-production corrections to Creator Content you have supplied, such as correcting the pronunciation of a brand, product or person’s name or making minor edits to spoken words, as an alternative to re-recording.

ii) You give your express, specific and informed consent to Shuttlerock creating and using a Voice Clone for these purposes, including processing your voice, which may constitute personal information and biometric data, to generate the Voice Clone. You confirm that this consent is given freely.

iii) Shuttlerock will only use a Voice Clone in connection with the Customer and campaign for which the relevant Creator Content was produced (unless separately authorised under clause 4.d), and will not use a Voice Clone to generate content that is untruthful or misleading, that would breach clause 3.b, or that materially changes the meaning of the Creator Content.

iv). You may withdraw your consent to the creation of new Voice Clones at any time by emailing privacy@shuttlerock.com. Withdrawal will not affect Creator Content already produced or delivered to a Customer before Shuttlerock receives your withdrawal.

5. FEES

a. Shuttlerock will pay You the fee specified in the Rate Card for Creator Content supplied by you under a SOW, if that content is accepted by the customer named in that SOW. You acknowledge that Customers are under no obligation to accept your Creator Content, and Shuttlerock has no obligation to pay You the fee (or otherwise compensate you for your work) if the Customer does not accept Your content.

b. If the customer rejects Creator Content which you supplied under a SOW:

i) If that Creator Content complies with the Best Practice Guidelines applicable to the SOW, You must revise that content within the revision period stated in the SOW and resubmit it to Shuttlerock. If the Customer accepts the revised Creator Content, Shuttlerock will pay You the applicable fee in accordance with these Terms. If the Customer does not accept the revised Creator Content, then unless agreed otherwise by Shuttlerock, the SOW will terminate, and no fee will be payable to You under it;

ii) If the Creator Content did not comply with the applicable Best Practice Guidelines, then unless Shuttlerock advises you otherwise, the SOW is terminated, and no fees will be payable to You under it.

c. Shuttlerock’s decision is final on whether any Creator Content complied with the Best Practice Guidelines.

d. Shuttlerock may amend or replace the Rate Card by emailing You the amendments or replacement at the email address provided by You. The amended or replacement Rate Card will apply to any subsequent SOW’s.

e. The fees in the Rate Card are inclusive of all sales and other taxes. You will be responsible for all tax and insurance contributions due in respect of fees paid to you under these Terms.

f. Once the content is accepted by the customer, the fees due will be paid within 10 working days of receipt of a valid invoice. Invoices should include all necessary details as per the applicable regulations in the country where the service was provided, including:

i) Australian Business Number (ABN) (if based in Australia)

ii) Taxpayer Identification Number (either your SSN, EIN, or TIN) (if based in United States)

g. You must submit invoices according to the instructions provided for your specific region.

6. CONFIDENTIALITY

a. You must keep the Confidential Information confidential and must not publish or disclose any of it to any third party or via any media, except to the extent disclosure is required to perform your obligations under the relevant SOW.

b. You must keep all Creator Content, including all of the information contained in it, confidential until the Shuttlerock customer for whom that content was produced publicly launches the campaign, promotion, product or service (Campaign) to which that Creator Content relates. Without limitation, you must not publish or disclose any Creator Content, or any information about a Campaign, before the expiry of any embargo date stated in the relevant SOW.

c. You must also comply with any specific confidentiality or non-disclosure requirements contained in a SOW.

d. These obligations of confidentiality continue notwithstanding the expiry or termination of your involvement in the Shuttlerock Creator Program or the expiry or termination of any SOW or these Terms.

e. Your obligations of confidentiality do not apply to the extent disclosure is required by law.

7. WARRANTIES

a. You warrant to Shuttlerock that:

i) Your Creator Content will not:

• Have been previously published, distributed or otherwise exploited;
• Infringe the rights of any third party, including any intellectual property rights, rights in confidential information or rights in privacy; or
• Contain any contaminated file, viruses or other similar harmful or destructive code or program.
• Be used in or linked to, and has not previously been used in or linked to, any non-fungible tokens or substantially equivalent technologies.

ii) Ownership of all legal and moral rights, including all intellectual property rights, in any of the Creator Content has not been, and will not in the future be, registered or otherwise formally claimed by you or by anyone on your behalf in any jurisdiction.

iii) You enter into these Terms and Conditions freely, and You give Your full and informed consent to the inclusion of any of Your Personal Information in any Profile Information or Creator Content that you provide to Us in any format.

iv) You have obtained the fully informed consent of any person, and their parent or legal guardian if such person is under the age of 18, whose Personal Information is included in the Creative Content, to collect and share that Personal Information with Shuttlerock, and its Clients, Customers and Affiliates for the purpose of fulfilling any applicable SOW under this Agreement.

8. LIABILITY AND INDEMNITY

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

i) YOU PARTICIPATE IN THE SHUTTLEROCK CREATOR PROGRAM AND PROVIDE CREATOR CONTENT UNDER EACH SOW ENTIRELY AT YOUR OWN RISK;

ii) SHUTTLEROCK MAKES NO WARRANTIES, REPRESENTATIONS, UNDERTAKINGS OR GUARANTEES OF ANY KIND IN CONNECTION WITH YOUR PARTICIPATION IN THE SHUTTLEROCK CREATOR PROGRAM OR IN RESPECT OF THE WORK TO BE PERFORMED IN ANY SOW;

iii) SHUTTLEROCK’S LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR ANY SOW SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE FEES PAYABLE TO YOU UNDER THAT SOW AND IN RESPECT OF ANY OTHER LIABILITY (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED US$1,000

b. YOU INDEMNIFY, AND MUST KEEP INDEMNIFIED, SHUTTLEROCK, ITS LICENSEES, ASSIGNEES AND CUSTOMERS NAMED IN EACH SOW AGAINST ALL CLAIMS, ACTIONS, PROCEEDINGS, LIABILITIES, LOSSES AND COSTS ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS BY YOU (INCLUDING ANY BREACH OF THE WARRANTIES GIVEN BY YOU).

c. Nothing in these terms limits Shuttlerock’s liability for death or personal injury arising from its negligence or fraud or for any other liability that cannot be limited or excluded in the relevant jurisdiction.

9. SUSPENSION AND TERMINATION

a. Without limiting any other right or remedy available to Us, if We consider that You have breached these Terms or We otherwise consider it appropriate, We may immediately, and without notice, suspend or terminate Your participation in the Shuttlerock Creator Program and any current SOW.

b. You or We may terminate your participation in the Shuttlerock Creator Program by giving 14 days’ notice in writing (including by email). Any SOWs which have not been completed by the expiry of that notice period will terminate and be of no further effect.

10. CHANGES

a. We may change these Terms by giving you notice in writing (including by email). Changes made to these Terms will only apply to SOW’s entered into after that notice is given. By entering into a SOW after we have given You notice under this clause, you agree to be bound by the changed Terms.

11. GOVERNING LAWS

a. These Terms are governed by the laws of the State of Delaware. The parties submit to the exclusive jurisdiction of the courts of the State of Delaware and further agree and consent that the venue of any action brought under or in connection with these Terms or any SOW shall be exclusively in the State of Delaware.

12. PRIVACY

a. The Shuttlerock Data Processing Addendum applies to the processing of personal information by Shuttlerock.

b. To exercise any of your privacy rights, including asking for a copy of your personal information, correcting inaccurate personal information, to ask for deletion, portability or to request that we cease processing your personal information, or to ask any questions about how we collect and use your personal information you can send an email to privacy@shuttlerock.com

c. For more information and a copy of the Shuttlerock Data processing Addendum, please visit https://www.shuttlerock.com/privacy-trust-center.

d. Shuttlerock’s public-facing privacy collection notice / Privacy Policy is at https://www.shuttlerock.com/legals/privacy.

e. By entering into these Terms, you confirm that You have read the privacy policy, and that You freely consent to provide your personal information to Shuttlerock for collection, use, and disclosure as described within this UGC Agreement and within the Privacy Policy, for the specific purpose of providing services under these Terms.

f. When You sign these Terms you acknowledge that the processing of all Personal Information about You that Shuttlerock collects is necessary for the performance of Our contract with You, whether for the management of our relationship with You, or as part of the Creative Content.

13. GENERAL

a. The Terms set out everything agreed by Shuttlerock and You relating to Your participation in the Shuttlerock Creator Program including the performance of each SOW. Neither We nor You have relied on any representation, warranty or agreement that is not expressly set out in the Terms, the Shuttlerock Data Processing Addendum or the Privacy Policy

b. For Us to waive a right under these Terms, the waiver must be in writing.

c. Clauses which, by their nature, are intended to survive expiry or termination of these Terms and of your participation in the Shuttlerock Creator Program, including clauses 4, 6, 7, 8 and 11, continue in force.

d. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on You.

Appendix 1: Health Content

If an SOW requests Creator Content for goods or services related to the healthcare or medical fields and/or requests you to disclose any health or medical information or any other information that constitutes “protected health information” (as defined by The HIPPA Privacy Rule in the USA, special category information as described in Article 9 of the EU or UK GDPR, or equivalent in other jurisdictions) then you should only do so if you give your free and fully informed consent.

A separate Health Information Consent form will be provided in relation to any such SOW, and it must be completed and signed by anyone whose protected health information will be used in Your Creative Content under that SOW.

By accepting any such SOW and providing the Creator Content containing such information you warrant that you have made the decision to do so freely, and with the full and clear understanding that it will any such Creator Content will be used by Shuttlerock and its clients, Customers, and assignees for advertising purposes, and as such is likely to be disclosed to the general public without further notice.

If you do not consent to the distribution, dissemination, or disclosure of your protected health information or any other personal information about yourself, then you should not accept any SOW that requests such information and/or not provide such information in any Creator Content.

The decision whether to accept a SOW that relates to these fields or includes protected health information is entirely Yours. You will not be penalised or treated any differently than any other Content Creator if you decide not to accept any SOW of this type.