Hunch Creator Program
This Terms and Conditions Agreement ("Agreement") is between the ambassador as defined in their Creator Agreement ("Licensor" or “Creator”) and Hunch Labs, LLC ("Licensee" or “Hunch”) (individually a "Party" and collectively as the "Parties").
WHEREAS, Creator agrees to create Licensed Content (defined below) for Creator’s Social Media Accounts in connection with an incentive program offered by Hunch (the “Program”), as defined below;
WHEREAS, Hunch, from time to time, wishes to use the Licensed Content on social media accounts owned and affiliated with it, including but not limited to TikTok, Instagram, YouTube, Facebook, Snapchat and Twitter (“Hunch Properties”);
Therefore, the Parties agree to the following:
1. Product and Content Production
Hunch agrees to provide Creator with one (1) or more of Hunch’s products, free of charge, at its sole discretion (the “Products”). In exchange for being provided the Products free of charge, the Creator agrees to produce the Licensed Content (as defined below). Hunch expressly reserves the right to remove or add Products to the Eligible Products list (see Section 8 below) from time to time, at its sole discretion, without prior notice.
2. Grant of License.
“Licensed Content” means: all or any part of the videos and/or images posted by Creator on Creator’s Social Media Accounts featuring the Products, including without limitation all intellectual property, images, identifiable (including their name and likeness), music, sounds, signage, statements, or other trademarks and logos, and all other rights depicted or contained therein. “Creator Social Media Accounts” include the accounts owned by Creator.
Creator grants Hunch an exclusive (except as to the Creator), transferable, sub-licensable, worldwide, and royalty free license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of Licensed Content. The above granted license shall extend to the Hunch Properties and any other services, or other distribution platforms, whether currently existing, or existing or developed in the future, utilized by Hunch, for any purpose whatsoever (including, without limitation, for any promotional purposes) without further accounting, notification, credit, monetary or other obligation to Creator.
Creator has full rights, title and interest of every kind to the Licensed Content and has clear title to the material upon which the Licensed Content is based. Creator has the absolute right to grant to Hunch this license under this Agreement. Creator represents, warrants, and covenants that the Licensed Content provided pursuant to this Agreement (i) does not violate any agreement or obligation between the Creator and any other party or (ii) will not infringe any copyright, patent, trade secret, or any other proprietary (including right of publicity and/or privacy rights). It is the Creator’s sole responsibility to ensure that all Licensed Content is free of any restrictions related to its use, and may be utilized in all manners contemplated in this Agreement.
3. Rewards Program.
In the event that the Licensed Content receives 50,000 views or more on a TikTok or Reel, the Creator may be eligible to receive a one-time reward payment per the reward schedule defined in Creator's Creator Agreement with Hunch (each, a “Reward”); Note that this schedule and the terms governing submission and acceptance of Licensed Content may change at any time, without notice.
In order to qualify for the Reward, the Licensed Content must conform with the terms of this Agreement and all likes must be verified as genuine (Creator may not use bots, third party incentives, or any other form of unapproved method to procure likes on their Licensed Content).
Creator must contact Hunch within ten (10) days of receiving the eligible number of views on the Licensed Content in order to be eligible for the Reward. At a minimum, each eligible piece of Licensed Content must:
- Clearly show the Product (in the case of games, the box and at least 1 card) so that they are entirely legible and the clear, unambiguous main subject of the Licensed Content
- The Products must be featured 1) clearly in focus, and 2) for long enough that the viewer can process what the Product is and identify it (in the case of games, the viewer should be able to read what the box and cards say)
Hunch shall determine whether the Licensed Content meets these standards in its sole discretion. Hunch shall confirm Creator’s eligibility for the Reward in its sole discretion. Each Creator is limited to one (1) Reward per piece of Licensed Content. For the avoidance of doubt, once a Reward is claimed on a piece of Licensed Content that Licensed Content is no longer eligible for any additional Rewards.
Hunch reserves the right to disqualify a Creator, in its sole discretion, from receiving any and all Rewards or other payments from Hunch in the event that it determines that a Creator has, or has sought to, abuse, circumvent, hack, or otherwise act in a nefarious or unprofessional manner towards Hunch, the Program, or any of Hunch’s employees or agents. Any harassing, derogatory or abusive communications from a Creator to Hunch will result in immediate and permanent disqualification.
Please note that any Creator who has received Product(s) from Hunch and has not posted and submitted Licensed Content to Hunch within thirty (30) days of receipt of such Product(s) shall be automatically be deemed ineligible for any Rewards related to such Product(s), and shall no longer be eligible to receive any Products(s) or any future Rewards or other payments.
4. Release and Waiver
In exchange for participation in the Program, the free Product(s), and in consideration for the chance to receive, and in some cases the receipt of, a Reward, Creator hereby knowingly and explicitly agrees to the following release and waiver: I hereby voluntarily release, discharge, waive and relinquish any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, which I may have, or which may hereafter accrue to me, as a result of my creation of the Licensed Content, regardless of whether such loss is caused by the negligence of Hunch, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
I am fully aware of the risks and hazards connected with the creation of the Licensed Content and I knowingly assume full responsibility for loss, death, property damage or personal injury inflicted on others, whether caused by the negligence of Hunch or otherwise, to the fullest extent allowed by law. I agree to give up and make no claim against the Hunch for any injury to myself or others, death or property damage regardless of cause, including alleged negligence or fault. I agree that my acceptance of this waiver and release confirms absolutely my agreement to be bound by all these terms and others posted.
For myself, spouse, legal representative, agents, heirs and assigns, I do hereby release, discharge, indemnify, waive and agree to hold the Hunch harmless and free from any and all liability of incident, injury or damages arising out of or in connection with my creation of the Content.
Liability shall include but not be limited to all claims, demands, losses, causes of action, suits or judgments of any kind that myself or my guardians, heirs, executors, administrators and assigns may have against the Hunch because of personal, physical or emotional injury, accident, illness, or death, or because of any loss of or damage to property that occurs during my creation of the Content that may result from any cause including but not limited to the Hunch’s own passive or active negligence or other acts than fraud, willful misconduct or violation of the law.
This release is intended to discharge, in advance, the Hunch from any and all liability arising out of or connected in any way with my creation of the Content, even though that liability may arise out of negligence or carelessness on the part of the Hunch.
I further agree to indemnify and hold the Hunch harmless from any and all claims, demands or other liabilities arising out of, or in any way connected with my creation of the Content, including payment of attorney’s fees incurred by the Hunch in responding to or defending against any claim, demand, or liability asserted.
I understand the potential physical, mental and emotional dangers incident to my creation of the Content. I am fully aware of the legal consequences of signing this release and waiver.
5. Indemnification.
Because the Creator owns full rights, title, and interest to the Licensed Content, then Hunch shouldn’t be responsible for any intellectual property infringements that arise from the Licensed Content that Creator made. Therefore, Creator hereby agrees to indemnify, release and hold harmless Hunch, its successors, Hunchs, subdistributors and assigns, and the directors, officers, employees, representatives and agents of each of the foregoing, from any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of or resulting from (i) any breach by Creator of any warranty, representation or any other provision of this Agreement, and/or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by Hunch of the rights granted under this Agreement.
6. Confidentiality.
Any communications between Creator and Hunch with regards to this Agreement are deemed by the parties to be confidential information. The parties hereby agree not to disclose (except as may be required by law) any such communications to any other persons or entities and to use the same level of care to protect, safeguard and keep confidential all information relating to such terms or amounts as they would in protecting their own proprietary information. This limitation shall not apply to the disclosure of such information to accountants, attorneys, agents, employees, or other persons in either party’s employment having a need to know, or to information to which may already be in the public domain. The parties agree when disclosure of the terms and compensation amounts contained in this Agreement is necessary to such legal entities and/or accountants, attorneys, agents, employees or other persons in either party’s employment having a need to know, that the disclosing part shall take all measures practical, reasonable and available to protect, safeguard and keep confidential such information by use of appropriate legal remedies, such as protective orders. Each party agrees that it will assume responsibility for any breaches of confidentiality by its accountants, attorneys, agents, employees or other person in its employment given access to such information.
7. Governing Law.
This Agreement shall be governed, construed, and enforced in accordance with the laws of New York, without regard to its conflict of laws rules.
8. Eligible Products (Updated as of 11/13/23).
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