INDEPENDENT CONTRACTOR CONTENT CREATOR MONETIZATION AGREEMENT
This Independent Contractor Content Creator Agreement (“Agreement”) is entered into as of accepting terms by submitting, by and between Trust Me Try It, an Oklahoma Limited Liability Company (“Company” or “We”), and YOU (“Creator” or “you”).
1. Independent Contractor Relationship
Creator is an independent contractor and NOT an employee, agent, partner, joint venturer, or fiduciary of Company.
Nothing in this Agreement shall be construed to create an employment relationship under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., Oklahoma law, or any similar statute.
1.1 No Control Over Manner or Means of Work
Creator retains full discretion and control over the time, place, manner, means, frequency, and substance of content creation.
Company does not:
- require adherence to any posting schedule;
- impose minimum submission requirements;
- guarantee compensation, income, traffic, impressions, or advertising revenue;
- require mandatory revisions, edits, or modifications to Content except where Content violates Company’s Terms of Service, Content Guidelines, or applicable law.
Any request to remove or disable Content due to a violation shall be deemed compliance enforcement and not supervision, direction, or editorial control over Creator’s business.
Creator may cease creating or submitting Content at any time without penalty.
1.2 Taxes and Statutory Obligations
Creator is solely responsible for:
- all federal, state, and local income taxes;
- self-employment taxes;
- estimated tax payments;
- insurance and benefits;
- business expenses.
Company shall not withhold federal or state income taxes, Social Security taxes, Medicare taxes, or unemployment contributions.
This allocation of responsibility is consistent with:
- 26 U.S.C. § 1401 (self-employment tax obligations);
- 26 U.S.C. § 6041 (information reporting for independent contractors);
- 26 U.S.C. § 3402 (employee withholding requirements); and
- 68 O.S. § 2355 and related provisions of the Oklahoma Income Tax Code.
Company may issue IRS Form 1099-NEC for reportable payments.
1.3 Independent Business Acknowledgment
Creator acknowledges that Creator operates an independent trade, occupation, or business and holds themselves out to the public as such.
Creator further acknowledges that:
- Creator may provide similar services to other platforms or clients;
- Creator supplies their own tools, equipment, and resources;
- Creator bears the risk of profit or loss;
- Creator’s participation on the platform constitutes engagement in an independent business venture and not the performance of services as an employee.
2. Eligibility and Platform Access
Creator must be approved by Company prior to submitting Content.
Once approved, Creator may submit Content subject to:
- Company’s Creator Terms of Service;
- this Agreement;
- Company’s User Terms of Service;
- Content Guidelines;
- Advertising Policies.
All are incorporated by reference and may be updated upon notice.
Approval does not guarantee placement, visibility, traffic, or compensation.
3. Ownership of Intellectual Property
Creator retains all right, title, and interest in and to all content submitted (“Content”), including all copyrights and intellectual property rights.
No ownership rights are transferred.
3.1 Publicity Clause: Publicity and Use of Name/Likeness. You (the “Creator”) grant Company a non-exclusive, worldwide, royalty-free, sublicensable license to use your name, username, voice, persona, image, and likeness in connection with the promotion, marketing, and advertising of the Platform. This includes, but is not limited to, featuring your Content or profile in “featured creator” sections, promotional emails, social media advertisements, and press releases. You waive any right to inspect or approve the finished marketing materials or to receive any additional compensation for such use.
4. License to Company
Creator grants Company a non-exclusive, worldwide, royalty-free, sublicensable license to:
- host
- store
- reproduce
- display
- distribute
- publicly perform
- monetize through advertising
the Content solely in connection with Company’s platform and promotional activities.
This license exists only while the Content remains hosted on the platform.
5. Third-Party Advertising and Monetization
5.1 Third-Party Advertising Providers
Advertising displayed in connection with Content is automatically generated by third-party advertising providers not affiliated with Company.
Company does not:
- select individual ads;
- control advertiser bidding decisions;
- guarantee ad rates or inventory.
5.2 Advertising-Based Compensation
Creator may receive compensation derived from advertising revenue attributable to traffic to Creator’s content pages, as calculated by Company based on data received from third-party advertising providers.
5.3 No Uniform Value of Clicks or Traffic
Creator acknowledges and agrees:
- Not all clicks, impressions, or traffic are valued equally.
- Revenue may vary based on advertiser demand, bidding models, geography, engagement metrics, inventory availability, and market conditions.
- Company makes no guarantee regarding the value of any click, impression, or visit.
5.4 Revenue Allocation Methodology
- Compensation is calculated pursuant to Company’s proprietary methodology, which may include automated or algorithmic components.
- The company is not required to disclose its algorithms, weighting factors, advertiser agreements, advertiser methodology, or revenue calculations beyond reasonable reporting.
- Third-party advertising data is deemed authoritative for revenue calculation purposes.
5.5 No Guaranteed Earnings
Earnings are not guaranteed. Traffic and advertising performance fluctuate. Company makes no promise of minimum income, placement, or promotion. Earnings from one payment period do not necessarily reflect the earnings to be expected from another payment period.
6. Payment, Third-Party Platforms, and Account Actions
6.1 Payment Method. To receive any payments, earnings, or disbursements from Company, you (the “Creator”) are required to maintain an active account with a third-party payment provider of Company’s choice (e.g., PayPal, Stripe, CashApp, or others as designated by the Platform). You agree to comply with all terms and conditions of such third-party providers. Company is not responsible for any actions, omissions, or technical failures of these third-party platforms.
6.2 No Collection of Banking Details. Company will never ask you for your direct bank account numbers, routing numbers, or credit card information for the purpose of making payments to you. All such financial data is managed exclusively by the designated third-party payment provider. You agree not to provide such information to Company or its employees; any such information provided is at your own risk.
6.3 No Fiduciary Relationship.
You acknowledge and agree that:
- Arm’s-Length Transaction: The relationship between you and Company is an arm’s-length commercial relationship.
- No Fiduciary Duty: Company is not your agent, trustee, or fiduciary. We do not owe you any fiduciary or similar duty in connection with the handling of payments, content distribution, or any other activity on the Platform.
- No Custody: Company does not hold your funds in trust or in a custodial capacity. Any “balance” shown on the Platform is a record of an unsecured debt obligation, not a deposit account.
6.4 Suspension, Termination, and Withholding. Company reserves the right, in its sole discretion, to suspend or terminate your account and/or withhold any pending payments under the following circumstances:
- Policy Violations: If we believe you have breached these Terms, our Community Guidelines, or our DMCA Policy.
- Fraud and Security: If we detect suspicious activity, potential money laundering, or fraudulent use of the Platform or payment tools.
- Legal Compliance: To comply with a court order, subpoena, or a request from law enforcement or a third-party payment provider.
- Investigation: During any period in which Company is investigating a claim of copyright infringement or other illegal activity associated with your Content. You agree that Company shall not be liable to you or any third party for any suspension of your account or withholding of payments during such investigations or as a result of a breach of these Terms.
6.5 Tax Compliance and Reporting. You are solely responsible for all taxes associated with payments received. In accordance with Internal Revenue Code § 6050W, third-party payment processors (and not Company) may be required to issue Form 1099-K to you. You agree to provide the third-party payment processor with any necessary tax documentation (such as a W-9) upon request.
6.6 Accrued vs. Earned. Any balance reflected in the Creator’s dashboard represents an “Accrued” estimate of potential earnings. Funds shall only be considered “Earned” and payable once they have:
- Surpassed the minimum payment threshold ($100.00 USD);
- Successfully passed the Audit Period (defined below); and
- Been verified by Company as originating from legitimate, non-fraudulent activity.
6.8. Audit Period and Reconciliation. Company shall have a period of up to sixty (60) days from the date a transaction is recorded (“Audit Period”) to verify the validity of the traffic, engagement, or advertising revenue associated with that Content. During this period, Company may adjust, claw back, or void Accrued amounts if it determines, in its sole discretion, that the revenue was generated via:
- Bot traffic, click farms, or automated engagement;
- Content that was later removed for TOS or DMCA violations; or
- Fraudulent or unauthorized use of a third-party payment method.
6.10 Finality of Payment. Once funds have transitioned from “Accrued” to “Earned” and have been disbursed to the third-party payment platform, the payment is final. Company is not responsible for any fees, holds, or losses incurred once the funds are in the possession of the third-party processor.
6.11 Governing Law. This payment arrangement shall be governed by the laws of the State of Oklahoma (including the Oklahoma Uniform Commercial Code, Title 12A) and applicable Federal Law.
7. Content Standards and Administrative Authority
7.1 Creator represents that Content:
- is owned or properly licensed;
- does not infringe third-party rights;
- complies with applicable law;
- complies with Company policies.
Company administrators may remove, disable, or restrict Content that violates this Agreement or Company policies.
Such removal constitutes platform compliance enforcement and does not create an employment relationship.
8. DMCA Compliance
Company complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
- Content may be removed upon receipt of a valid DMCA notice.
- Creator may submit a counter-notification as permitted by law.
- Company retains the right to withhold payment for Content considered “in dispute” between Creator and a third party, until that dispute is resolved in favor of the Creator.
9. Termination
The term of this contract will begin upon acceptance of these terms by either party may terminate this Agreement with written notice.
Upon termination:
- Content may be removed;
- future monetization ceases;
- accrued unpaid earnings remain payable subject to adjustments.
10. Indemnification
Indemnification by User. Creator agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents (the “Trust Me, Try It Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- Your Content: Any content you post, store, or otherwise transmit through the Platform, including claims that your content infringes or misappropriates any third-party intellectual property rights (e.g., copyright, trademark, patent) or proprietary rights (e.g., trade secrets).
- Conduct: Your use of the Platform and any activity occurring under your account.
- Violations: Your violation of these Terms of Service, any platform guidelines, or any applicable laws, rules, or regulations (including, but not limited to, defamation, privacy violations, or “right of publicity” claims).
- Interactions: Any disputes between you and other users or third parties related to your content or use of the Platform.
Defense and Control. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree not to settle any claim without the prior written consent of Company.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your Content and Conduct: Your access to or use of (or inability to access or use) the Platform, including any defamatory, offensive, or illegal conduct of other users or third parties.
- DMCA and Copyright Claims: Any claims arising from the removal or disabling of content in relation to the Digital Millennium Copyright Act (DMCA), including any “Safe Harbor” actions taken by Company in good faith, even if such content is later found to be non-infringing.
- Third-Party Content: Any content obtained from the Platform that was posted by a third party.
- Unauthorized Access: Unauthorized access, use, or alteration of your transmissions or content.
Maximum Aggregate Liability. In no event shall the total aggregate liability of the Company Parties for all claims arising out of or relating to these Terms or the use of the Platform exceed the greater of: (a) the total amount of fees paid by you to Company for the use of the Platform in the six (6) months preceding the event giving rise to the claim, or (b) One Hundred U.S. Dollars ($100.00).
Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. You acknowledge that Company would not be able to provide the Platform on an economically reasonable basis without such limitations.
12. Confidentiality
Confidential Information. From time to time, Company may share certain non-public, sensitive, or proprietary information with you (the “Creator”). This includes, but is not limited to:
- Platform Data: Performance metrics, algorithms, payment metrics, advertising metrics, page traffic metrics, and non-public technical data.
- Roadmaps: Upcoming features, beta tools, or unreleased platform designs.
- Business Info: Marketing strategies, pricing structures, or information about other creators.
- Communications: Direct correspondence with Company employees or support teams.
Non-Disclosure Obligations. You agree to hold all Confidential Information in strict confidence. You shall not disclose, publish, or disseminate any Confidential Information to any third party (including on social media or in public forums) without the express prior written consent of Company.
Exceptions. This obligation does not apply to information that:
- Is or becomes public knowledge through no fault of yours.
- Was already in your possession before we shared it.
- Is required to be disclosed by law (provided you provide Company prompt notice so we can seek a protective order).
Remedies. You acknowledge that any unauthorized disclosure of Confidential Information may cause irreparable harm to Company for which monetary damages would be inadequate. Therefore, Company shall be entitled to seek injunctive relief in addition to any other legal remedies available.
13. Dispute Resolution and Mediation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the matter through good-faith mediation.
- Selection of Mediator: The Company shall provide a list of three qualified mediators from the American Arbitration Association (AAA) or a similar body, and the Creator shall select one.
- Location: The mediation shall take place in Oklahoma County, Oklahoma.
- Costs: The fees and expenses of the mediator and the mediation process shall be borne equally by both parties. Each party shall be responsible for its own attorneys’ fees and associated travel costs.
- Non-Binding Nature: The mediation is non-binding. If the dispute is not resolved through mediation within sixty (60) days of the initial mediation request, either party may proceed to litigation.
- Governing Law and Jurisdiction: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Oklahoma and applicable federal laws of the United States, without regard to conflict of law principles.
- Venue for Litigation: Both parties agree that any legal action or proceeding following unsuccessful mediation must be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and both parties hereby consent to the personal jurisdiction and venue of such courts.
14. Governing Law, Venue and Agreement Authority
This Agreement is governed by the laws of the State of Oklahoma.
Venue lies exclusively in state or federal courts located in Oklahoma County, Oklahoma.
The terms of this Agreement, if in conflict with Company’s Terms of Service Agreement or any other Agreement furnished by Company, then the language of this Agreement will control the relationship.
15. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of this Agreement (except for payment obligations for services already “Earned” as defined herein) to the extent such delay or failure is caused by events or circumstances beyond the reasonable control of the affected Party. Such events include, but are not limited to: acts of God, fire, flood, or natural disaster; national emergencies, riots, or war; labor disputes or strikes; governmental acts or restrictions; and unforeseen technical failures, including broad-scale internet outages, failure of third-party hosting providers (e.g., AWS, Google Cloud), or interruptions in third-party payment processing networks. The Party claiming Force Majeure shall provide prompt notice to the other Party and shall use commercially reasonable efforts to resume performance as soon as practicable.
16. No Waiver
No failure or delay by Company in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege under this Agreement. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. Any waiver by Company must be in writing and signed by an authorized representative to be legally binding.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties. Company may amend platform policies upon notice. Continued participation constitutes acceptance of modifications.
18. Severability
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Agreement will continue in full force and effect. The Parties further agree that if any provision is held to be unenforceable, the court or tribunal making such determination is authorized and requested to modify such provision to the minimum extent necessary to make it enforceable while maintaining the original intent and economic substance of the transaction as closely as possible.
CLICK-WRAP ACCEPTANCE LANGUAGE
By clicking “I Agree,” submitting content, or participating in monetization, you acknowledge that you have read, understood, and agree to be bound by this Independent Contractor Content Creator Agreement and all incorporated policies.
TERMS OF SERVICE FOR CREATORS
Effective Date: February 11, 2026
These Terms of Service for Creators (“Terms”) govern access to and use of the platform operated by Trust Me, Try It, an Oklahoma Limited Liability Company (“Company,” “we,” “us,” or “our”).
By creating an account, submitting content, or participating in monetization, you (“Creator” or “you”) agree to these Terms and to the Independent Contractor Content Creator Agreement (“Monetization Agreement”), which is incorporated by reference.
1. Eligibility and Account Registration
You must:
- Be at least 18 years old
- Provide accurate registration information
- Maintain account security
- Not create accounts on behalf of others without authorization
Company may suspend or terminate accounts at its discretion for violations of these Terms.
2. Independent Creator Status
Creators are independent contractors and not employees of Company.
- Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.
- Participation on the platform is voluntary and non-exclusive.
3. Content Creator-Generated Content
3.1 Ownership
You retain ownership of content you upload (“Content”).
3.2 License to Company
By uploading Content, you grant Company a limited license as described in the Independent Contractor Content Creator Monetezation Agreement
4. Content Standards
You may not upload Content that:
- Infringes copyrights, trademarks, or other IP rights
- Is defamatory, fraudulent, or misleading
- Promotes unlawful activity
- Contains malware or harmful code
- Violates privacy or publicity rights
- Violates advertising policies
- Violates applicable law
Company reserves the right to remove or restrict Content that violates these Terms.
5. Administrative Enforcement
Company may:
- Remove Content
- Restrict visibility
- Suspend or terminate accounts
- Ask Creator to Modify content for it to comply with these terms and conditions
Enforcement actions are compliance-based and do not create editorial control over your business.
Repeated violations may result in permanent removal.
6. Third-Party Advertising
Advertising on the platform is automatically served by third-party providers not affiliated with Company.
Company:
- Does not select individual ads
- Does not guarantee ad rates or fill
- Is not responsible for advertiser content
Creators may not manipulate, artificially inflate, or interfere with advertising impressions or clicks.
7. Fraud and Invalid Traffic
Prohibited conduct includes:
- Bot traffic
- Click farms
- Artificial engagement
- Incentivized clicking
- Traffic exchange schemes
Company may withhold or reverse revenue derived from invalid activity.
Accounts engaged in fraud will be permanently terminated.
8. Copyright Policy (DMCA)
Company complies with the Digital Millennium Copyright Act (17 U.S.C. § 512).
- If you believe Content infringes your copyright, submit a proper DMCA notice. Company possesses a DMCA form that must be filled out in order for the content to be removed.
- If your Content is removed, you may submit a counter-notification as permitted by law.
- Repeat infringers may have their user profiles terminated.
9. Section 230 Disclaimer
The platform hosts user-generated content.
Pursuant to 47 U.S.C. § 230, Company is not responsible for:
- Content created by users
- Statements made by creators
- Interactions between users
Creators are solely responsible for their Content.
10. No Guaranteed Visibility or Earnings
10.1 Company does not guarantee:
- Traffic
- Search ranking
- Placement
- Revenue
- Platform growth
**Content visibility may fluctuate for technical, algorithmic, or business reasons.
10.2 Minimum Payment Threshold: the minimum payment threshold for Creator to receive a payment on a quarterly basis will be One-hundred Dollars ($100.00).
11. Intellectual Property Complaints (Non-DMCA)
Company may remove Content upon receiving claims of infringement or other IP violations, even absent formal DMCA compliance.
12. Confidential Information
Creators may not disclose:
- Revenue formulas
- Algorithms
- Advertiser data
- Internal metrics
Unauthorized disclosure may result in termination.
13. Account Termination
Company may suspend or terminate access for:
- Violations of these Terms
- Fraudulent activity
- Legal compliance reasons
- Risk mitigation
Creators may close their accounts at any time.
14. Disclaimers
The platform is provided “as is” and “as available.”Company disclaims all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
15. Force Majeure
Neither Party shall be liable for any delay or failure in performance of any part of this Agreement (except for payment obligations for services already “Earned” as defined herein) to the extent such delay or failure is caused by events or circumstances beyond the reasonable control of the affected Party. Such events include, but are not limited to: acts of God, fire, flood, or natural disaster; national emergencies, riots, or war; labor disputes or strikes; governmental acts or restrictions; and unforeseen technical failures, including broad-scale internet outages, failure of third-party hosting providers (e.g., AWS, Google Cloud), or interruptions in third-party payment processing networks. The Party claiming Force Majeure shall provide prompt notice to the other Party and shall use commercially reasonable efforts to resume performance as soon as practicable.
16. Indemnification
Indemnification by User. Creator agrees to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents (the “Trust Me, Try It Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- Your Content: Any content you post, store, or otherwise transmit through the Platform, including claims that your content infringes or misappropriates any third-party intellectual property rights (e.g., copyright, trademark, patent) or proprietary rights (e.g., trade secrets).
- Conduct: Your use of the Platform and any activity occurring under your account.
- Violations: Your violation of these Terms of Service, any platform guidelines, or any applicable laws, rules, or regulations (including, but not limited to, defamation, privacy violations, or “right of publicity” claims).
- Interactions: Any disputes between you and other users or third parties related to your content or use of the Platform.
Defense and Control. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree not to settle any claim without the prior written consent of Company.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your Content and Conduct: Your access to or use of (or inability to access or use) the Platform, including any defamatory, offensive, or illegal conduct of other users or third parties.
- DMCA and Copyright Claims: Any claims arising from the removal or disabling of content in relation to the Digital Millennium Copyright Act (DMCA), including any “Safe Harbor” actions taken by Company in good faith, even if such content is later found to be non-infringing.
- Third-Party Content: Any content obtained from the Platform that was posted by a third party.
- Unauthorized Access: Unauthorized access, use, or alteration of your transmissions or content.
Maximum Aggregate Liability. In no event shall the total aggregate liability of the Company for all claims arising out of or relating to these Terms or the use of the Platform exceed the greater of: (a) the total amount of fees paid by you to Company for the use of the Platform in the six (6) months preceding the event giving rise to the claim, or (b) One Hundred U.S. Dollars ($100.00).
Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. You acknowledge that Company would not be able to provide the Platform on an economically reasonable basis without such limitations.
17. Confidentiality
Confidential Information. From time to time, Company may share certain non-public, sensitive, or proprietary information with you (the “Creator”). This includes, but is not limited to:
- Platform Data: Performance metrics, algorithms, payment metrics, advertising metrics, page traffic metrics, and non-public technical data.
- Roadmaps: Upcoming features, beta tools, or unreleased platform designs.
- Business Info: Marketing strategies, pricing structures, or information about other creators.
- Communications: Direct correspondence with Company employees or support teams.
Non-Disclosure Obligations. You agree to hold all Confidential Information in strict confidence. You shall not disclose, publish, or disseminate any Confidential Information to any third party (including on social media or in public forums) without the express prior written consent of Company.
Exceptions. This obligation does not apply to information that:
- Is or becomes public knowledge through no fault of yours.
- Was already in your possession before we shared it.
- Is required to be disclosed by law (provided you provide Company prompt notice so we can seek a protective order).
Remedies. You acknowledge that any unauthorized disclosure of Confidential Information may cause irreparable harm to Company for which monetary damages would be inadequate. Therefore, Company shall be entitled to seek injunctive relief in addition to any other legal remedies available.
18. Dispute Resolution and Mediation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the matter through good-faith mediation.
- Selection of Mediator: The Company shall provide a list of three qualified mediators from the American Arbitration Association (AAA) or a similar body, and the Creator shall select one.
- Location: The mediation shall take place in Oklahoma County, Oklahoma.
- Costs: The fees and expenses of the mediator and the mediation process shall be borne equally by both parties. Each party shall be responsible for its own attorneys’ fees and associated travel costs.
- Non-Binding Nature: The mediation is non-binding. If the dispute is not resolved through mediation within sixty (60) days of the initial mediation request, either party may proceed to litigation.
- Governing Law and Jurisdiction: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Oklahoma and applicable federal laws of the United States, without regard to conflict of law principles.
- Venue for Litigation: Both parties agree that any legal action or proceeding following unsuccessful mediation must be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and both parties hereby consent to the personal jurisdiction and venue of such courts.
19. Governing Law
These Terms are governed by the laws of the State of Oklahoma. Venue lies exclusively in Oklahoma County, Oklahoma.
20. Modifications
Company may update these Terms upon notice. Continued use of the platform constitutes acceptance of updated Terms.
21. No Waiver
No failure or delay by Company in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege under this Agreement. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. Any waiver by Company must be in writing and signed by an authorized representative to be legally binding.
22. Severability.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Agreement will continue in full force and effect. The Parties further agree that if any provision is held to be unenforceable, the court or tribunal making such determination is authorized and requested to modify such provision to the minimum extent necessary to make it enforceable while maintaining the original intent and economic substance of the transaction as closely as possible.
CLICK-WRAP ACCEPTANCE
By clicking “I agree,” creating an account, uploading content, or participating in monetization, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Independent Contractor Content Creator Agreement.
DMCA Notice and Takedown Policy
Reporting Infringement. Company respects the intellectual property rights of others. If you believe that any content hosted on our Platform infringes your copyright, you may request the removal of those materials by submitting a written notification to our Designated Copyright Agent (contact info below).
Your DMCA Notice must include:
- A physical or electronic signature of the copyright owner or an authorized representative.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it (e.g., the specific URL).
- Your contact information (address, phone number, and email).
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter-Notification. If you believe your content was removed by mistake or misidentification, you may file a counter-notification with our Copyright Agent. This must include your signature, identification of the removed material, and a statement under penalty of perjury that you have a good faith belief the material was removed in error.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
22a. SMS Notifications
By providing your mobile phone number during the Creator onboarding or application process and checking the SMS opt-in box, you expressly consent to receive text message notifications from Trust Me, Try It via our SMS service provider, Twilio, Inc. These notifications may include alerts when your submitted recipes are published on the Platform.
Message frequency varies based on your activity. Message and data rates may apply. You may opt out at any time by replying STOP to any message received. For assistance, reply HELP. Opting out of SMS notifications does not affect your account status or participation on the Platform.
Trust Me, Try It does not sell or share your phone number with third parties except as necessary to deliver SMS messages through Twilio. Twilio’s privacy policy is available at https://www.twilio.com/en-us/legal/privacy.
By clicking “I Agree,” submitting content, or participating in monetization, you acknowledge that you have read, understood, and agree to be bound by this Independent Contractor Content Creator Agreement and all incorporated policies.
