Creator Agreement

A "Creator" is a professional who creates and publishes content on social media sites against payment or products. The following terms and conditions (the "Terms") shall govern Creators' use of Lava Arts affiliate collaboration (the "Collaboration"). The Collaboration is facilitated by the company Lava Art AS, with company registration number 917 148 996, having its registered address at Bjørumsvegen 15, 4820 Froland, Norway. All references to "we", "us" and "our" in the following refer to Lava Art AS. You (hereinafter referred to as "you" or "Creator") are required to accept these Terms in order to be Part of the Collaboration. 
You may contact us at any time if you have any questions about these Terms. Our contact information is support@lavaart.com “Communication Medium” is referred herein to the channels of communication. Communication will only be provided through Email. 
Definition platform is any platform Lava Art AS use to track, create and observe performance with tracking link, code or other variations.

By signing up to the Collaboration with Lava Art AS, you accept the terms and condition in this agreement.

About the Collaboration

• allows you to create a Creator profile on the platform and Create links or discount code for referral
• Track your own performance
• Be able to create content and post with our brand and products.
• If qualified and applicable, receive commission for sales created by you to your PayPal account.
• Allow you to be a paid partner
• Allow Lava Art AS to use branding material for marketing of Lava Art AS products or services
• Allow Lava Art AS to use Creators Social profiles to post marketing related content for Lava Art AS products and services.

Accessing the Collaboration 

To register for the Collaboration, you must complete the contract process on the platform. You are required and obligated to: (a) be 18+ years old (b) provide true, accurate, current, and complete information, and (c) maintain and promptly update the registered data to keep it true, accurate, current, and complete.

Lava Art AS shall, at its sole discretion, decide whether such Collaboration Guidelines are met, and we reserve the right to refuse or cancel continuation of the collaboration if the Guidelines and expectation is not met. Lava Art AS has the right to pause or terminate any collaboration as Lava Art AS sees fit. 

Formation Agreements and performance thereunder

The performance of the terms under this agreement will be binding for both parties. Lava Art AS in sole discretion can change the terms and condition in this agreement at any time without notification to the Creator.

Release of Payment

All payments for services provided under a booking agreement shall be paid out through PayPal, Bank account or through 3rd payment or collaboration partner. This payment will be paid out after an Invoice with standards from the governing government is given to Lava Art AS. 

When the Creator finishes with the publishing and uploading the content to the designated space, the Creator must inform the Contact person in Lava Art AS the work is done for the present month.

When proof of complete work is provided to Lava Art AS, Lava Art AS has 30 days from receiving Proof of Complete work to Accept or Reject the work. If the work is not responded to on the 31st day, the work is automatically qualified for payment. Lava Art AS is not liable for any payment during a pause or non performance. Creator is only eligible for payment for the month Creator posted Qualified posts and the agreed amount. All payments will be paid on the last date of the following month.

Non-performance by Creator

When the Creator accepts this collaboration, the Creator shall review the brief and instructions from Lava Art AS, for which the Creator is liable. This information may change from time to time.

If Lava Art AS outputs are delayed or incomplete, the Creator must notify Lava Art AS through Communication Medium without undue delay.

The Creator must notify through Communication Medium to Lava Art AS if he/she is in need of a deadline extension due to the delay from Lava Art AS.

When the Lava Art AS receives a request for a deadline extension with specified number of days for which the deadline is to be extended, Lava Art AS will respond through communication Medium without any delay. If the delay affects Lava Art AS, Lava Art AS has the right to partially or fully withhold the compensation to the Creator. Lava Art AS has the full right to reject such a request for delay as Lava Art AS sees fit. 

If Creator requests delays over three times during the contract period, Lava Art AS has the right to cancel further collaboration with the Creator. Lava Art AS will not be liable for the remaining months. 

Creator are obligated to share all published material as Branded Content, if Creator refuses to share Branded content or remove the Branded content during the collaboration, Lava Art AS has the right to terminate the agreement. If a agreement is terminated by Lava Art AS for any breach Lava Art AS is not liable for any compensation to Creator.

Creator responsibilities

Creator represent, covenant, and warrant that Creator will act in the Collaboration only in compliance with all applicable laws and regulations, and in a way that will not harm the Collaboration and Lava Art AS

Creator are solely and fully responsible for

• any content Creator choose to share through the Service or in Creator performance for a Lava Art AS

• having the necessary rights to any material (including but not limited to text, photos, sound, music) Creator make available through the Collaboration or in Creator performance for Lava Art AS

• Creator performance under this agreement with Lava Art AS

• Share all published material as Branded Content.

Creator are responsible for maintaining the security of Creators Account, passwords and files, and for all uses of Creator Account with or without Creator knowledge or consent. If Creator suspects any unauthorized use of Creator Account or other security breach related to Creator Account, Creator must immediately notify Lava Art AS in writing. 

All Material created by Creator must be uploaded to designated space. 

Restrictions

You may not during the Collaboration to promote campaigns or ads containing (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on a third party's intellectual property rights; (iv) content links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false and misleading.

You may not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the product, formulation, manufacturer or underlying structure, ideas, know-how or any information relevant to the Collaboration with Lava Art AS or any services or products, documentation or data related to the Collaboration with Lava Art AS, modify, translate, or create derivative works based on the Collaboration with Lava Art or use the Collaboration with Lava Art for the benefit of a first, second or a third party. 

If Lava Art AS gets direct, or indirect harm from a Creator breaching the terms in this agreement, Lava Art AS has the right to claim full compensation. The full compensation is not limited to direct harm but also indirect harm. Indirect harm can be but not limited to harmed reputation.

Suspension or Termination of the Collaboration

Lava Art AS may suspend or terminate the  Collaboration or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you have attempted to acquire or have any fake followers, likes, shares, views and comments in any channel; (iii) you join a follower or engagement pod, (iv) you have repeatedly failed to perform in accordance with booking agreements you are a party to; (v) you create risk or possible legal exposure for us; (vi) you use information obtained through the use of the Collaboration to harass, abuse or harm Lava Art AS; (vii) you are attempting to solicit business away from the platform that was initially offered to you via Lava Art AS; (viii) your use of the Collaboration may harm Lava Art AS business; or (ix) your Account should be removed due to unlawful conduct.

If the Agreement is terminated, or if Lava Art AS suspends your access to the Collaboration, Lava Art AS shall not have any liability or responsibility to you.

Upon termination of the Collaboration, you lose all rights granted under these Terms.

Intellectual Property

Lava Art AS owns and retains all rights, title, images, videos, text and content created by the creator. Creator release all rights royalty free to Lava Art AS, So Lava Art AS can use the content anytime, anywhere, for how long, however Lava Art AS see fit to promote Lava Art AS services and products. Lava Art AS has the right to modify, iterate, change music or sounds, images, typing, videos, content form, context or anything related therein to what Lava Art AS see fit for their promotion through their own channels.

Indemnification

Creator agrees to indemnify, defend and hold Lava Art AS harmless from and against any claims made from a third party that the content posted from Creator infringes a third party's intellectual property rights. Creator agrees to indemnify, defend and hold Lava Art AS harmless from and against any claims from a third party for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) arising from an alleged violation of any applicable law in the governing country Creator operates or post.

The parties shall notify each other without undue delay of any claims under this section.

Limitation of Liability

Creator liability pursuant to this Agreement shall not exceed the amount paid to Creator by Lava Art AS under this Agreement in the preceding 1 months prior to the act that gave rise to the liability, excluding VAT.

Neither party shall be liable for any force majeure matter.

The above limitations shall not apply if the party in question has acted willfully or with gross negligence, nor if a party has violated the other party's intellectual property rights or section «confidentiality» of this Agreement.

No Warranty & Disclaimer

In the event of a conflict between this Agreement and any information provided by a representative of Lava Art AS, this Agreement shall prevail.

THE COLLABORATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAVA ART AS DOES NOT WARRANT THAT THE COLLABORATION WILL FULFILL ANY PARTICULAR PURPOSES OR NEEDS, NOR THAT IT IS PROVIDED WITHOUT FAULTS. LAVA ART AS DOES NOT WARRANT THAT THE COLLABORATION WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY LAVA ART AS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Creators are not representatives nor employees of Lava Art AS

Further, Lava Art AS cannot be held liable for any acts or omissions of PayPal, bank or any third party force, and explicitly disclaims any responsibility or liability related third party provision of payment services. 

Confidentiality

For the purposes of this Agreement, "Confidential Information" means any information, whether or not developed by Lava Art AS, including but not limited to pre-existing or new information which relates to all ideas, designs, methods, discoveries, improvements, products, software, trade secrets, product data and specifications, proprietary rights, business affairs, product developments, customer information or employee information, techniques, models, inventions, data, databases, proprietary material, know-how, pricing terms, business forecast, sales and marketing plans and reports provided to creator under this Agreement.

During the term of the Agreement and indefinitely thereafter, creator will keep and maintain Lava Art AS Confidential Information in the strictest of confidence and will not otherwise make Lava Art AS Confidential Information available in any form, to any third party, or use Lava Art AS Confidential Information for any purpose other than the performance of its obligations in the Agreement.

Creator shall be responsible for ensuring that their respective officers, agents, partners, anyone in relation with Creator  and employees do not disclose, use or distribute Lava Art AS Confidential Information in violation of the terms and conditions of this Agreement. 

Force majeure

If circumstances beyond the parties' control, which is classified as force majeure pursuant to Norwegian law, significantly complicate the implementation of the Agreement, the parties' obligations are suspended to the extent the circumstance is relevant and for as long as the circumstance lasts.
If force majeure shall be invoked, the afflicted party must notify the other party. The duty to notify also applies upon the end of the force majeure.
During force majeure, the parties have a mutual duty to inform of circumstances that may be of significance to the other party. The information must be given within a reasonable time.
Each of the parties may terminate the Agreement with thirty (30) days' notice if force majeure makes it especially burdensome to uphold the Agreement. If the Agreement is terminated as a result of force majeure, each of the parties shall carry their own costs related to the termination.

Governing Law and Dispute Resolution

All disputes arising out of or in connection with this Agreement shall be finally settled under the laws of Norway. If a dispute is not resolved by negotiation or mediation, either party may require that the dispute be resolved with final effect before the Norwegian courts of law.

Both parties' consent to Oslo District Court as the legal venue.