Content Creator Terms

1. Introduction & Purpose

Welcome to the 5th Tree LLC User-Generated Content and Creator Terms. We are excited to celebrate the creativity and enthusiasm of our community and creators who share their experiences with our products.

What This Agreement Covers

These terms govern the creation, submission, and use of user-generated content (UGC) featuring 5th Tree products. This includes:

• Content you create and tag 5th Tree in on social media
• Content you submit directly to 5th Tree for potential use
• Content created as part of our Creator or Influencer program
• Any photos, videos, reviews, testimonials, or stories featuring our products

Who These Terms Apply To

These terms apply to anyone who:

• Tags @5thtree_bazaar or mentions 5th Tree in social media posts
• Submits photos or videos for potential use on our website or social channels
• Creates content featuring 5th Tree products
• Participates in our Creator or Influencer program
• Leaves reviews or testimonials about our products

Company Information

5th Tree LLC

• Legal Name: 5th Tree LLC
• Location: CambridgeSide Mall, Space E112, Boston, MA
• Website: 5thtree.com
• Email: 5thtreebazaar@gmail.com

2. User-Generated Content Terms

Definition of UGC

User-Generated Content ("UGC") includes any content you create and share that features, mentions, or relates to 5th Tree products, including but not limited to:

• Photographs and videos
• Reviews and testimonials
• Social media posts (Instagram, TikTok, Facebook, etc.)
• Blog posts or articles
• Stories, reels, and short-form content
• Written descriptions or captions
• Styling or setup photos

License Grant

By submitting, tagging, or creating content that features 5th Tree products, you grant 5th Tree LLC a non-exclusive, royalty-free, perpetual, and worldwide license to:

• Use, reproduce, and display your UGC
• Modify or edit your UGC for display purposes (resizing, cropping, adding captions, filters)
• Create derivative works based on your UGC
• Distribute your UGC across multiple platforms
• Use your UGC in combination with other content

Where We May Use Your Content

5th Tree may use your UGC in any of the following contexts:

• Our official website and product pages
• Our social media accounts (Instagram, TikTok, Facebook, etc.)
• Email marketing campaigns
• Digital advertising and paid promotions
• Print materials and packaging
• In-store displays and signage
• Product reviews and testimonial sections
• Marketing collateral and press releases

Attribution

We will make reasonable efforts to credit you when we use your content, including:

• Tagging your social media handle
• Including your name or username
• Linking to your original post (when applicable)

However, in some contexts (such as print or certain advertisements), attribution may not be possible. We appreciate your understanding in these cases.

Removal of UGC

5th Tree reserves the right to remove any UGC at any time for any reason, including but not limited to:

• Violation of these terms or our content guidelines
• Brand safety concerns
• Copyright or intellectual property issues
• Offensive or inappropriate content
• Technical or platform issues

Your Representations

By submitting or tagging 5th Tree in content, you represent and warrant that:

• Ownership: You own or have the right to grant the license described above
• No Infringement: The content does not infringe upon any third-party intellectual property rights, including copyrights, trademarks, or rights of publicity
• Accuracy: The content is accurate and truthful
• Consent: You have obtained all necessary permissions from anyone who appears in the content
• Legality: The content complies with all applicable laws and regulations

3. Content Guidelines

We love seeing authentic, creative content from our community. To help guide your creations, here's what we welcome and what we ask you to avoid.

Content We Welcome

Content That Is Not Permitted

• Makes false claims: Don't misrepresent product features, benefits, or ingredients
• Contains offensive material: No hate speech, discrimination, explicit content, or harassment
• Promotes competitors: Don't use your content to market other brands or products
• Shows misleading before/after: Don't use deceptive editing or false transformations
• Violates platform policies: Comply with Instagram, TikTok, Facebook, and other platform guidelines
• Includes third-party IP: Don't use copyrighted music, characters, or content you don't have rights to
• Is defamatory: Don't make false, damaging statements about 5th Tree or others
• Involves minors inappropriately: Never exploit or misrepresent children in content
• Is spammy or low-effort: Avoid repeatedly copying content or low-quality posts
• Violates these terms: Content that doesn't align with the values outlined in this agreement

4. Creator & Influencer Program Terms

5th Tree occasionally works with creators and influencers to expand our reach and celebrate partnerships. If you're invited to participate in our Creator Program or choose to apply, the following terms apply.

How Our Creator Program Works

Our Creator Program is primarily invitation-based, though we occasionally accept applications from creators whose content and values align with 5th Tree. If you're interested in partnering with us, reach out to 5thtreebazaar@gmail.com.

Compensation Terms

Creator compensation varies based on scope, reach, and deliverables. Options may include:

• Product Gifting: Complimentary products in exchange for authentic content
• Commission-Based: Earnings based on sales generated through your unique link or code
• Flat Fee: Fixed payment for specific deliverables
• Tiered Partnerships: Combination of the above

Specific compensation terms will be outlined in a separate Creator Agreement for each partnership.

Content Deliverables & Timelines

All creator partnerships will include:

• Clear specifications of required content (number of posts, videos, stories, etc.)
• Agreed-upon deadlines and delivery timeline
• Platform requirements (Instagram, TikTok, email, etc.)
• Performance expectations (engagement rates, quality standards)

Specific deliverables will be documented in your Creator Agreement before partnership begins.

Exclusivity Terms

Unless otherwise specified in your Creator Agreement, partnerships are non-exclusive. This means you may create content for other brands simultaneously. However, we may negotiate exclusivity clauses for premium partnerships, which will be clearly documented in advance.

Termination of Creator Relationship

Either party may terminate a Creator Partnership with:

• Written notice (email to 5thtreebazaar@gmail.com)
• 30 days' notice (unless otherwise stated in the Creator Agreement)
• Immediate termination if you violate these terms or our content guidelines

Upon termination, you may remove 5th Tree content from your channels and we may remove your content from ours.

Code of Conduct for Creators

Creators agree to:

• Represent 5th Tree authentically and positively
• Disclose all sponsored or paid partnerships clearly (see FTC Requirements below)
• Maintain the quality and tone of their content
• Respond to direct messages and communications in a timely manner
• Avoid content that damages 5th Tree's reputation or brand
• Comply with all platform policies and FTC regulations

5. FTC Disclosure Requirements

The Federal Trade Commission (FTC) requires clear and conspicuous disclosure of sponsored or gifted content. Failure to disclose can result in penalties for both you and 5th Tree. We take this seriously and expect all creators to comply fully.

What Requires Disclosure

You must disclose content if you received:

• Free products: Gifts or products provided at no cost in exchange for content
• Compensation: Payment, commission, or other monetary benefit
• Exclusive access: Early access, special discounts, or exclusive experiences
• Affiliate arrangements: Any material connection or business relationship with 5th Tree

Required Disclosures

Use one or more of these clear disclosures in your content:

How & Where to Place Disclosures

• Instagram Posts: Place in the first 3 lines of the caption (before "more")
• Instagram Stories: Use text sticker or hashtag visible in the top portion of the story
• TikTok: Include in the video text or caption, visible for at least 5 seconds
• Instagram Reels: Use hashtags or on-screen text in the first 3 seconds
• YouTube/Blog: Disclose clearly at the beginning of the video or post
• Email: Include disclosure in the subject line or opening sentence

Do not hide disclosures: Avoid placing disclosures in comments, reply sections, or hidden behind "more" links. They must be immediately visible and easy to find.

Consequences of Non-Disclosure

Failure to disclose sponsored or gifted content may result in:

• Removal of your content by 5th Tree
• Termination of any creator agreement
• Loss of compensation or gifted items
• FTC warnings or fines (which could be issued to you directly)
• Damage to your reputation as a creator

Our FTC Compliance Commitment

5th Tree is committed to FTC compliance. We:

• Educate all creators on proper disclosure requirements
• Monitor partnership content for compliance
• Provide templates and examples for proper disclosure
• Take action immediately if violations are discovered
• Support creators in understanding their legal obligations

For more information about FTC guidelines, visit FTC.gov.

6. Intellectual Property

5th Tree Brand Usage Guidelines

When mentioning or featuring 5th Tree, please respect our brand identity:

Your Content Ownership

You retain full ownership of your original creative work, including:

• The original photos and videos you capture
• Your ideas, concepts, and writing
• Your personal stories and voice

The license you grant to 5th Tree does not transfer ownership to us. You may continue to use your content on your own channels and can remove it at any time (though we may have archived copies).

License We Receive vs. Ownership

• You can still delete or modify your original content on your own channels
• 5th Tree can use archived copies of content even after deletion
• 5th Tree cannot claim ownership or exclusive rights
• You may license the same content to other brands (unless you've agreed to exclusivity)
• If you request removal, we will make reasonable efforts to comply with new uses, though previously published uses may remain

Copyright & Third-Party Content

Do not include copyrighted material in your UGC unless you own it or have proper licensing, including:

• Copyrighted music (use royalty-free or licensed music instead)
• Other creators' content or art
• Licensed images or footage
• Brand logos or intellectual property that isn't 5th Tree

If 5th Tree discovers copyright violations in user content, we will remove it immediately and may suspend your participation in our programs.

7. Privacy & Consent

How We Handle Your Personal Information

When you participate as a creator or submit UGC, we collect and use your personal information (name, email, social handles, location) to:

• Communicate about partnerships and opportunities
• Attribute content with your permission
• Process compensation and payments
• Comply with legal and tax requirements
• Improve our Creator Program

We handle your information in accordance with our Privacy Policy available at 5thtree.com. We never sell your personal data to third parties and only share information as necessary for legitimate business purposes.

Consent for Using Your Name & Likeness

By submitting content, you consent to 5th Tree using:

• Your name or username in connection with content attribution
• Your likeness (face, image) in the content itself
• Your testimonials and quotes

We will always use your name or handle when attribution is possible. If you prefer anonymity for specific content, you may request this separately by emailing 5thtreebazaar@gmail.com.

Minors & Content Featuring Children

5th Tree does not knowingly collect or use UGC from users under 13 years old. Additionally:

• If your content features minors (children under 18), you must have parental or legal guardian consent
• Do not submit content featuring minors without proper authorization
• We reserve the right to remove any content featuring minors if consent cannot be verified
• Never submit content that exploits or endangers children

Data Security

5th Tree implements industry-standard security measures to protect your personal information. However, no method of transmission over the internet is 100% secure. We encourage you to maintain confidentiality of sensitive information.

Your Privacy Rights

You have the right to:

• Access personal information 5th Tree holds about you
• Request correction of inaccurate information
• Request deletion of your information (subject to legal requirements)
• Opt out of marketing communications

To exercise these rights, contact 5thtreebazaar@gmail.com.

8. Indemnification

You agree to indemnify, defend, and hold harmless 5th Tree LLC, its owners, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from or related to:

• Your breach of these UGC/Creator Terms
• Your submission of content that violates third-party rights (copyright, trademark, privacy, etc.)
• False or misleading statements in your content or claims about 5th Tree products
• Your violation of any applicable laws or regulations
• Content you create that harms, defames, or disparages 5th Tree or others
• Your violation of platform policies (Instagram, TikTok, etc.)

5th Tree agrees to notify you promptly of any claim subject to indemnification and to cooperate with your defense efforts.

9. Limitation of Liability

To the fullest extent permitted by applicable law, 5th Tree LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to:

• Your participation in our UGC/Creator Program
• Our use or non-use of your content
• Removal of your content by 5th Tree
• Compensation disputes or payment issues
• Termination of a creator partnership
• Any technical issues or platform outages

Our total liability shall not exceed the compensation you received for the relevant partnership or engagement.

Some jurisdictions do not allow the limitation of liability, so this clause may not apply to you in full.

10. Governing Law

These UGC/Creator Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

Any legal action or proceeding related to these terms shall be brought exclusively in the federal or state courts located in Boston, Massachusetts, and you hereby consent to the personal jurisdiction of such courts.

If any portion of these terms is found to be invalid or unenforceable, the remaining portions shall continue in full force and effect.

11. Contact Information

For questions, inquiries, or to report violations of these UGC/Creator Terms, please reach out:

Creator Program Inquiries

Interested in joining our Creator Program? Send an email to 5thtreebazaar@gmail.com with:

• Your name and social media handles
• Your follower count and engagement rates
• Links to your best recent content
• Why you're interested in partnering with 5th Tree

We review all applications and reach out to creators who align with our brand values.