These terms apply to brands running campaigns. If you make content for campaigns, the Creator Terms of Service apply to you instead.
1. Acceptance of terms
By accessing or using NewWave’s brand platform (the “Service”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you may not use the Service.
2. Eligibility
To use our Service as a brand, you must:
- Be a legally registered business entity or an authorised representative of one.
- Have the authority to bind your organisation to these Terms.
- Have the rights to use your brand’s intellectual property on the platform.
- Comply with all applicable advertising laws and regulations.
3. Workspace and account
You are responsible for maintaining the security of your workspace and account credentials. You agree to:
- Provide accurate business information.
- Keep your account credentials confidential.
- Notify us immediately of any unauthorised access.
- Manage team member access appropriately.
4. Campaign creation
When creating campaigns, you agree to:
- Provide clear and accurate campaign briefs.
- Set fair and achievable requirements for creators.
- Honour the payout structures you define.
- Respond to creator submissions in a timely manner.
5. Payment terms
You agree to fund campaigns and pay creators according to the following terms:
- Campaign budgets must be funded before launch.
- Creator payouts are processed based on verified performance metrics.
- NewWave charges a platform fee on campaign spend.
- Refunds for unused campaign funds are subject to our refund policy.
6. Content rights
Through campaigns on NewWave:
- You receive a licence to use creator content as specified in the campaign terms.
- Creators retain ownership of their original content.
- Extended usage rights may require additional compensation.
- You must not use content beyond the agreed scope without permission.
7. Brand guidelines
Your campaigns must:
- Not promote illegal products or services.
- Comply with FTC advertising guidelines.
- Not require creators to make false claims.
- Respect platform-specific advertising policies.
8. Prohibited activities
You may not:
- Request creators to violate a platform’s terms of service.
- Withhold payment for legitimate creator work.
- Use the platform for fraudulent purposes.
- Harass or discriminate against creators.
9. Termination
We reserve the right to suspend or terminate your account for violations of these Terms. Active campaigns will be handled according to our wind-down policy. You may close your account by contacting support.
10. Limitation of liability
NewWave is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. We do not guarantee specific campaign results or creator performance.
11. Indemnification
You agree to indemnify and hold harmless NewWave from any claims arising from your campaigns, your content, or your violation of these Terms.
12. Dispute resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13. Changes to these terms
We may update these Terms from time to time. We will notify you of material changes by email. Continued use of the Service after changes constitutes acceptance of the updated Terms.