FETCH REWARDS CREATOR CLUB PROGRAM AGREEMENT
Last Updated: 11/05/25
Effective Date: The date upon which the Creator accepts this Agreement, clicks "Accept," or submits an application or first participates in the Program (the "Effective Date").
This Fetch Rewards Creator Club Program Agreement (this "Agreement") is a legally binding contract between Fetch Rewards, LLC and its affiliates ("Platform," "Company," "We," or "Us") and the individual or entity identified in the Program application (the "Creator").
By submitting an application for the Program, clicking to accept these terms, or participating in any capacity in the Program, the Creator hereby agrees to be bound by the terms and conditions set forth herein.
1. DEFINITIONS
1.1. Agreement: This Fetch Rewards Creator Club Program Agreement including all exhibits, schedules, and referenced policies.
1.2. Compensation: The monetary or non-monetary consideration payable to Creator pursuant to Section 6, including Affiliate Commissions, Content Fees, and Performance Bonuses, in exchange for promotional activities.
1.3. Content: All text, images, videos, livestreams, posts, articles, and other materials created, published, or distributed by Creator in connection with the Program.
1.4. Program: The Fetch Rewards “Creator Club” influencer marketing program, by which Creators may earn Fetch points, and potentially other Compensation, in exchange for providing Content promoting Fetch and/or brands with offers available on Fetch.
1.5. Your Properties: All websites, social media accounts (including but not limited to Instagram, TikTok, YouTube, etc.), blogs, newsletters, and other online presences owned or controlled by Creator.
2. APPOINTMENT AND RELATIONSHIP
2.1. Appointment: Subject to the terms and conditions of this Agreement, Platform hereby grants Creator a non-exclusive right to promote Platform's products, services, and content via Your Properties.
2.2. Independent Contractor Status: Creator is and shall remain an independent contractor of Fetch. Nothing in this Agreement shall be construed to create an employment, partnership, joint venture, or agency relationship between the parties. The creator has no authority to bind Fetch to any third-party agreement or obligation.
2.3. Compliance and Costs: Creator is solely responsible for all costs, expenses, liabilities, and obligations arising from its performance under this Agreement, including, without limitation, all necessary taxes, withholdings, licenses, permits, and professional liability insurance. Creator is not entitled to any employee benefits, including but not limited to health insurance, paid time off, or retirement plan participation, from Fetch.
3. PROGRAM ELIGIBILITY AND ONGOING REQUIREMENTS
3.1. Initial Eligibility: To participate in the Program, Creator represents and warrants that they are at least eighteen (18) years of age, have the full legal right and authority to enter into this Agreement, and have provided to Fetch, or will provide to Fetch on request, accurate and complete registration, tax, and payment information.
3.2. Ongoing Compliance: Creator shall, throughout the Term, maintain all necessary account activity, comply with all applicable third-party platform terms (e.g., social media sites), and promptly update all registration and payment information.
3.3. Ineligible Parties: Employees, officers, and directors of Fetch and its affiliates, as well as any individuals or entities subject to applicable economic sanctions, are ineligible to participate.
4. CONTENT AND DISCLOSURE REQUIREMENTS
4.1. Content Standards: All Content created by Creator must be original, high-quality, and comply with all Fetch policies and must not contain hate speech, promote illegal acts, infringe third-party intellectual property, or include defamatory or malicious statements.
4.2. Regulatory Disclosure (Mandatory): Creator acknowledges and agrees that it is solely responsible for complying with all applicable advertising and marketing laws and regulations, including, without limitation, the U.S. Federal Trade Commission (FTC) Endorsement Guides and equivalent international regulations. Creator must clearly and conspicuously disclose its material connection to Fetch in all Content. Such disclosure must: a) Use clear language such as "#Ad," "#Sponsored," or "#CommissionsEarned." b) Appear above the fold or before any "See More" button on social media platforms. c) Be made verbally in all video or audio Content.
4.3. Honest Opinion: Creator warrants that all statements and testimonials contained in the Content will be based on its genuine, honest opinion and actual experiences with Fetch’s services. Creator shall not make any false, misleading, or unsubstantiated claims (including medical or health claims) about Fetch’s offerings or any Fetch brand partners promoted by Creator.
5. PROMOTIONAL RESTRICTIONS
5.1. Prohibited Activities: Creator shall not, directly or indirectly: a) Engage in spamming or send unsolicited bulk electronic messages; b) Engage in any form of fraud; c) Advertise prices lower than those publicly posted by the Platform; or d) Promote the Platform on any website or property containing sexually explicit, violent, discriminatory, or illegal content.
6. COMPENSATION AND PAYMENT
6.1. Compensation Structure: Compensation shall consist of: (a) a set rate of Fetch points per month, in exchange for Content produced on a regular cadence (i.e. 50,000 Fetch points per piece of content in exchange for Content of a certain length and quantity); and (b) as available, and at Fetch’s sole discretion, additional Content opportunities for further compensation as agreed between you and Fetch.
6.2. Disqualifications: Compensation shall not be paid for Content that infringes the intellectual property rights of any third party, defames or otherwise paints Fetch or any Fetch brand in a false or negative light, or otherwise violates any term of this Agreement.
6.3. Payment Terms: Compensatory Fetch points shall be awarded within thirty (30) days following a month in which Content is published. Any other Compensation will be paid pursuant to the specific terms of the opportunity offered to Creator.
6.4. Tax Responsibility and Withholding: Creator is solely responsible for all taxes on the Compensation. Creator agrees to provide all necessary tax documentation (e.g., W-9, W-8BEN, or equivalent) prior to the first payment. Platform reserves the right to withhold payments if such documentation is incomplete, or if fraudulent or suspicious activity is detected.
7. INTELLECTUAL PROPERTY AND LICENSES
7.1.Fetch IP: Fetch retains and reserves all right, title, and interest in and to its trademarks, service marks, trade names, logos, brand assets, proprietary software, copyrighted works, trade secrets, and all other intellectual property and proprietary rights, whether registered or unregistered, together with all goodwill associated therewith (collectively, "Fetch IP"). Nothing in this Agreement shall be construed as granting Creator any ownership right or interest in the Fetch IP. Any use of Fetch IP by Creator is strictly limited to the scope expressly permitted by this Agreement and any applicable brand guidelines provided by Fetch, and all rights not expressly granted to Creator are reserved by Fetch. Unauthorized use, reproduction, or modification of Fetch IP is strictly prohibited and may result in immediate termination of this Agreement and further legal action.
7.2. Limited License to Creator: Fetch grants Creator a limited, non-exclusive, non-transferable, revocable license to use certain Fetch IP, as further identified by Fetch to Creator in writing, solely for the creation of Content and promotion pursuant to the Program during the Term and in strict accordance with Fetch’s brand guidelines. This license immediately terminates upon the termination of this Agreement.
7.3. License from Creator to Fetch: Creator hereby grants Fetch, and its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, and create derivative works from the Content, and to use Creator's name, likeness, and voice, in connection with the operation of the Program, and Fetch’s business and promotional activities, including retention and use of such Content in perpetuity, in any medium now known or developed in the future.
7.4. Warranties: Creator represents and warrants that it owns or has secured all necessary licenses, permissions, and rights to the Content and the use of the Content by Fetch as contemplated herein will not infringe upon the intellectual property or proprietary rights of any third party.
7.5. Agreement from Creator to Post on Owned Social: Creator hereby agrees to post each and every piece of content they create for the full duration of their participation in the program on their owned social channels (ie: Instagram, TikTok) in addition to sharing with Fetch social media, and keep the content posted for a minimum of 365 days from posting date.
8. CONFIDENTIALITY
8.1. Confidentiality Obligation: The Creator acknowledges and agrees that all non-public information provided by Fetch, including but not limited to the terms of this Agreement, compensation arrangements, financial performance metrics of the Program, and any proprietary product information, shall be deemed “Confidential Information.”
8.2. Non-Disclosure and Use Restrictions: The Creator shall not disclose, reproduce, or utilize any Confidential Information for any purpose other than as necessary for participation in the Program. The Creator agrees to safeguard all Confidential Information with at least the same degree of care as it uses to protect its own confidential information, and in no event less than a reasonable standard of care.
8.3. Survival: The confidentiality obligations set forth in this Section 8 shall survive the termination of this Agreement.
9. TERM AND TERMINATION
9.1. Term: This Agreement commences on the Effective Date and continues until terminated by either party in accordance with this Section 9.
9.2. Termination for Convenience: Either party may terminate this Agreement, for any reason or no reason, upon thirty (30) days’ written notice to the other party.
9.3. Termination for Cause (Immediate): Fetch may terminate this Agreement immediately upon written notice to Creator if Creator: (a) materially breaches any term of this Agreement; (b) engages in fraudulent or deceptive practices; (c) creates Content that violates applicable laws or Fetch’s Creator Guidelines; or (d) engages in conduct that, in Fetch’s sole judgment, damages the reputation or goodwill of the Platform.
9.4. Effect of Termination: Upon termination: (a) Creator’s access to the Program immediately ceases; (b) Creator shall immediately cease all use of Fetch IP; (c) Fetch shall pay all undisputed, accrued Compensation due, except in the case of termination for cause due to fraud or material breach, in which case Creator forfeits all unpaid Compensation; and (d) all licenses granted by Creator to Fetch under Section 7.3 shall survive.
10. DISCLAIMER OF FETCH WARRANTIES
THE PROGRAM AND ALL SERVICE OFFERINGS ARE PROVIDED BY PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLATFORM MAKES NO GUARANTEE REGARDING REVENUE, EARNINGS, OR THE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PROGRAM.
11. LIMITATION OF LIABILITY
11.1. CONSEQUENTIAL DAMAGES WAIVER; TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FETCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF FETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. LIABILITY CAP: FETCH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL COMPENSATION PAID TO CREATOR BY PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500.
12. INDEMNIFICATION
Creator agrees to defend, indemnify, and hold harmless Fetch, its affiliates, licensors, and their respective officers, directors, employees, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Creator's Content or Your Properties; (b) Creator's breach of any warranty or representation contained in this Agreement; (c) any claim that the Content infringes the intellectual property or proprietary rights of any third party; and (d) Creator's violation of any applicable law or regulation, including, without limitation, all advertising and disclosure requirements.
13. GENERAL PROVISIONS
13.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.
13.2. Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in New York, New York, and the parties hereby consent to the personal jurisdiction of such courts.
13.3. Entire Agreement: This Agreement, together with the Platform Terms of Service, Privacy Policy, and all referenced Program Policies, constitutes the entire agreement between the parties with respect to the Program and supersedes all prior or contemporaneous agreements, whether oral or written.
13.4. Assignment: Creator may not assign or transfer this Agreement or any rights or obligations hereunder without the Platform’s prior written consent. Platform may assign this Agreement freely.
13.5. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.6. Notices: All legal notices must be in writing and sent via certified mail or reputable courier to the addresses of record. Operational notices may be sent via email to the address associated with the Creator’s account.
13.7. Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, pandemic, or government restrictions.
ACKNOWLEDGMENT AND ACCEPTANCE:
BY CLICKING "ACCEPT" OR SUBMITTING AN APPLICATION TO THE PROGRAM, CREATOR ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LEGALLY BINDING AGREEMENT.