UpCreator Terms and Conditions
Welcome to UpCreator by UpPromote.
These Terms explain how merchants can use UpCreator to discover, evaluate, connect with, and be discovered by creators. UpCreator includes multiple features and experiences, including creator search, creator analytics, recommendation, matching, and brand visibility.
By using UpCreator, subscribing to a paid UpCreator feature, using creator search or analytics, enabling brand visibility, or allowing your brand, campaign, offer, or affiliate program information to be displayed, recommended, or matched with creators, you confirm that you have read, understood, and agreed to these Terms.
1. Definitions
Merchant / Brand means a brand, merchant, Shopify store, or business that operates an active Shopify store and has an active UpPromote merchant account or otherwise uses UpPromote services.
Creator / Affiliate means an individual or entity, including but not limited to an influencer, content creator, reviewer, publisher, affiliate, or partner, who may be discovered, evaluated, contacted, recruited, matched with, or collaborate with merchants through UpCreator or other UpPromote services.
UpCreator means UpPromote’s creator discovery, analytics, recommendation, and matching hub. UpCreator is designed to help merchants discover and evaluate relevant creators, and to help creators discover relevant brands, campaigns, offers, or affiliate programs.
Creator Discovery means a feature within UpCreator that allows merchants to search, evaluate, save, manage, and review creators across supported platforms such as Instagram, TikTok, and YouTube.
Brand Profile means information about a merchant or brand that may be displayed or used within UpCreator, including brand name, logo, Shopify store information, product categories, brand description, campaign information, offer information, commission terms, eligibility criteria, and other information provided by the merchant or available within UpPromote.
Campaign / Offer / Affiliate Program means an affiliate program, promotional opportunity, campaign, collaboration opportunity, or other proposal made available by a merchant to creators through UpCreator or other UpPromote services.
Default Program means the merchant’s default affiliate program within UpPromote. If the merchant has multiple programs, campaigns, or offers, the Default Program may be used as the primary program for brand visibility in UpCreator during the current phase, unless another program selection option is made available by UpPromote and selected by the merchant.
Full Report means the detailed creator analytics report available within UpCreator, which may include audience demographics, follower data, engagement rate, fake follower indicators, growth data, content performance, and other creator-related insights.
2. Scope of UpCreator
UpCreator is designed to help merchants and creators find relevant collaboration opportunities.
UpCreator may include features that allow merchants to:
Search for creators.
Review creator profiles and analytics.
Save creators to lists.
Add internal notes.
Export individual reports for internal review where supported.
Evaluate creators as potential affiliates, partners, or collaborators.
Enable brand visibility so creators can discover relevant brands, campaigns, offers, or affiliate programs.
Receive or generate recommendations and matches between brands, offers, programs, and creators.
UpPromote provides the platform, interface, discovery experience, analytics access, recommendation logic, matching support, and related workflows. UpPromote does not act as a talent agency, creator management agency, employer, agent, broker, guarantor, or legal representative of any creator.
3. Eligibility and Brand Visibility Consent
To participate in UpCreator, a merchant must operate an active Shopify store, have an active UpPromote merchant account or otherwise use UpPromote services, and have sufficient brand, store, campaign, offer, or affiliate program information available within UpPromote.
By enabling brand visibility in UpCreator or accepting these Terms, the merchant authorizes UpPromote to use, process, and display relevant information related to the merchant’s brand, Shopify store, campaign, offer, and affiliate program for the purpose of operating, displaying, recommending, matching, and improving UpCreator.
This may include:
Displaying the merchant’s Brand Profile within UpCreator.
Helping creators discover relevant brands, campaigns, offers, or affiliate programs.
Matching the merchant’s brand, campaign, offer, or affiliate program with potentially relevant creators.
Recommending the merchant’s brand or offer within UpCreator or related UpPromote experiences.
Ranking, categorizing, personalizing, or optimizing discovery and recommendation experiences.
Using relevant performance signals internally for matching, ranking, analytics, fraud prevention, quality control, or product improvement.
The information used may include brand name, logo, Shopify store information, product categories, brand or product descriptions, campaign or offer information, commission terms, participation requirements, cookie window, payout terms, and relevant performance-related signals available within UpPromote.
UpPromote will not intentionally display confidential business information, sensitive financial information, private merchant account information, or non-public performance data unless such information is intended to be shown to creators, has been provided for display, or is otherwise permitted under applicable agreements, settings, consents, or policies.
4. Default Program for Brand Visibility
If a merchant has multiple affiliate programs, campaigns, or offers within UpPromote, only the merchant’s Default Program will be considered for display, recommendation, and matching in UpCreator during the current phase, unless another program selection option is made available by UpPromote and selected by the merchant.
Acceptance of these Terms does not mean that all of the merchant’s programs, campaigns, or offers will automatically be displayed, recommended, or matched in UpCreator.
If the merchant changes its Default Program within UpPromote, the program information used for UpCreator may be updated based on the latest Default Program data available in the UpPromote system.
Merchants are responsible for ensuring that their Default Program information is accurate, up to date, lawful, and suitable for being shown or recommended to creators through UpCreator.
5. Existing UpPromote Merchants
For merchants who already use UpPromote, UpPromote may use existing data available within the UpPromote system to identify eligible brands, prepare draft profiles, improve internal matching, or recommend setup actions for UpCreator.
However, unless otherwise permitted by applicable terms, settings, or prior consent, such merchants should not be publicly displayed in UpCreator as participating brands until they have accepted these Terms, enabled brand visibility, or otherwise provided appropriate consent.
A merchant’s previous use of UpPromote services does not automatically mean that the merchant has agreed to public visibility in UpCreator, unless the merchant has accepted terms, settings, or consent language that clearly covers UpCreator or related creator discovery and matching experiences.
6. Creator Data Sources and Availability
Creator data displayed in UpCreator may include publicly available data from supported platforms such as Instagram, TikTok, and YouTube.
UpPromote does not independently collect, verify, or guarantee the accuracy or completeness of creator data. Creator data may include follower counts, engagement rates, audience demographics, fake follower indicators, growth data, content performance, and other analytics depending on availability.
Creator data may be unavailable, incomplete, outdated, inaccurate, delayed, or temporarily inaccessible due to creator account changes, social platform restrictions, technical issues, or service downtime.
UpPromote does not provide service-level guarantees for data availability, accuracy, completeness, freshness, or uninterrupted access.
7. Permitted Use of Creator Data
Merchants may use creator profiles and analytics obtained through UpCreator for legitimate business purposes directly related to identifying, evaluating, contacting, managing, recruiting, or collaborating with potential affiliates, creators, or marketing partners for their own store.
Permitted uses may include:
Searching for creators relevant to the merchant’s brand or products.
Reviewing creator analytics to support partnership decisions.
Saving creators to lists for internal review.
Adding internal notes for the merchant’s team.
Exporting individual reports for internal business review where supported.
Contacting creators for lawful and relevant affiliate, partnership, or collaboration purposes.
8. Prohibited Use of Creator Data
To protect creators, data partners, merchants, and the integrity of UpCreator, merchants must not:
Sell, share, license, transfer, or disclose creator data to third parties without proper authorization.
Build databases, datasets, or commercial lists by bulk-extracting creator information from UpCreator.
Scrape, crawl, automate, or use bots or scripts to extract data from UpCreator or UpPromote.
Use creator data for credit, employment, insurance, housing, lending, or similar eligibility screening.
Use demographic data, including age, gender, ethnicity, location, or audience attributes, in a discriminatory, unlawful, or unfair manner.
Spam creators or contact them with misleading, abusive, irrelevant, excessive, or unlawful messages.
Contact creators in a way that violates anti-spam laws, privacy laws, consent requirements, or reasonable privacy expectations.
Use creator information to bypass UpPromote’s platform, tracking, or intended workflows.
Use creator data for purposes unrelated to the merchant’s own campaign, offer, affiliate program, or collaboration opportunity.
Violations may result in feature restriction, plan suspension, account suspension, removal from UpCreator, or other enforcement actions.
9. Merchant Responsibilities
Merchants are responsible for ensuring that all information provided through Shopify, UpPromote, UpCreator, or any related campaign, offer, or affiliate program setup is accurate, complete, up to date, lawful, and not misleading.
Merchants must ensure that their products, services, campaigns, offers, claims, promotional materials, creator instructions, commission terms, payout rules, approval criteria, and collaboration requirements comply with applicable laws, advertising standards, platform policies, Shopify’s applicable terms, and UpPromote policies.
If a creator participates in a commission-based campaign, offer, or affiliate program, the merchant is responsible for paying all valid commissions in accordance with the terms published, agreed, or made available to the creator.
Merchants must not change commission terms, reject valid referrals, remove creators, or delay valid payments in bad faith for the purpose of avoiding payment obligations.
Where creators are compensated, receive free products, receive discounts, earn commissions, or have another material connection with the merchant, the merchant is responsible for providing appropriate guidance so that creators can make required disclosures in accordance with applicable laws and platform rules.
10. Brand-Creator Relationship and UpPromote’s Role
Creators are independent individuals or entities. UpPromote does not employ, control, supervise, direct, or legally represent creators.
UpPromote provides tools and platform experiences to help merchants discover, evaluate, contact, recruit, recommend, or match with creators. UpPromote does not guarantee that any creator is suitable, authentic, available, professional, compliant, responsive, or able to deliver expected outcomes.
Merchants are solely responsible for reviewing, evaluating, approving, rejecting, managing, and communicating with creators. This includes assessing whether a creator is suitable for the merchant’s products, campaign objectives, target market, compliance requirements, content standards, and business expectations.
Merchants are also responsible for providing campaign briefs, product information, content requirements, disclosure instructions, legal requirements, approval rules, payment terms, and any other instructions or expectations communicated to creators.
Any direct sponsorship, content booking, collaboration, payment arrangement, commercial arrangement, intellectual property arrangement, dispute, or agreement between a merchant and a creator outside UpPromote’s supported workflows is solely the responsibility of the merchant and the creator.
11. No Guarantee and Limitation of Responsibility
UpPromote does not guarantee that use of UpCreator will result in any specific outcome, including but not limited to creator discovery quality, creator applications, creator matches, creator approvals, creator responses, creator availability, content delivery, content quality, traffic, referrals, orders, conversion rate, revenue, GMV, profit, brand awareness, or any other commercial, marketing, or business result.
Search results, creator reports, analytics, scores, matches, recommendations, and related insights are provided to support discovery and decision-making only. They do not constitute a guarantee, endorsement, representation, warranty, or certification regarding any creator’s suitability, authenticity, audience quality, performance, professionalism, availability, conduct, content quality, legal compliance, platform compliance, or ability to deliver results.
To the maximum extent permitted by applicable law, UpPromote is not responsible or liable for:
Business decisions made based on creator data, analytics, matches, or recommendations.
Creator selection, campaign outcomes, partnership results, or collaboration performance.
Any creator’s acts or omissions, communication or lack of response, content, content quality, content delivery, claims, endorsements, failure to follow instructions, non-compliance, misuse of products or brand assets, fraudulent behavior, or failure to generate expected results.
Indirect, incidental, special, consequential, reputational, or lost revenue damages arising from use of the features.
UpPromote may, at its discretion, provide support, mediation, investigation, enforcement, or platform-level actions in certain cases. Such actions do not create an obligation for UpPromote to monitor, manage, control, verify, or resolve all creator-related issues, disputes, communications, content, payments, or collaborations.
12. Privacy and Data Protection
When merchants access creator profiles or analytics, they may be handling personal data about real individuals. Merchants are responsible for using creator data lawfully, including complying with applicable privacy and data protection laws such as GDPR, Vietnam’s Personal Data Protection Decree, and any other applicable laws in the merchant’s region.
If merchants contact creators, they must do so in a way that respects privacy, consent requirements, communication laws, anti-spam laws, and reasonable privacy expectations.
UpPromote may process relevant merchant, brand, store, campaign, offer, affiliate program, creator, and performance-related information for the purposes described in these Terms and in accordance with applicable privacy policies, data protection terms, and legal requirements.
Merchants are responsible for ensuring that any personal data they provide to UpPromote, or use through UpCreator, is collected, shared, stored, and used lawfully.
13. Service Reliability
UpPromote aims to keep UpCreator and related features reliable. However, feature availability may be affected by social platform restrictions, infrastructure issues, technical errors, maintenance, account changes, or other events outside UpPromote's direct control.
Certain functionality may be temporarily unavailable if a social platform experiences downtime, changes access rules, limits data availability, or restricts related services.
UpPromote may communicate known extended disruptions through in-app messages, email, or other reasonable channels where appropriate.
14. Platform Integrity and Enforcement
Merchants must not engage in conduct that may harm creators, users, UpPromote, UpCreator, or the broader UpPromote ecosystem.
This includes, but is not limited to:
Providing false, misleading, incomplete, or outdated information.
Misrepresenting product quality, pricing, availability, claims, benefits, commission, payout terms, approval rules, or campaign requirements.
Changing commission or campaign terms in bad faith.
Avoiding or delaying valid commission payments.
Manipulating, interfering with, or bypassing UpPromote’s tracking system.
Misusing creator information.
Scraping or bulk-exporting creator data.
Contacting creators in a spammy, abusive, misleading, unlawful, or irrelevant manner.
Promoting products, services, or claims that violate applicable laws, platform policies, or advertising standards.
Interfering with the operation, security, data, infrastructure, or reputation of UpPromote.
UpPromote may remove, restrict, suspend, or terminate access to UpCreator, Brand Profiles, Campaigns, Offers, affiliate programs, report access, plan access, or merchant accounts if a merchant violates these Terms, misuses creator data, fails to pay valid commissions, creates legal or reputational risk, receives repeated or serious complaints, or negatively affects the trust, fairness, safety, or quality of the UpPromote ecosystem.
15. Updates to These Terms
UpPromote may update these Terms from time to time as UpCreator evolves. Where material changes are made, UpPromote may notify merchants through appropriate channels, including in-app notification, email, or other reasonable communication methods.
Continued use of UpCreator after updated Terms become effective constitutes acceptance of the revised Terms, unless otherwise required by applicable law.
UpPromote may require merchants to accept updated terms or provide additional consent before enabling or continuing public visibility on UpCreator or accessing certain paid features.
If a merchant disagrees with an update, the merchant may stop using the relevant feature or cancel the applicable plan where available.
16. Contact Us
Questions about these Terms, billing, creator data, feature access, or brand visibility can be sent through:
In-app chat.
Email: support@uppromote.com
17. Acknowledgment
By using UpCreator, subscribing to a paid UpCreator feature, using creator search or analytics, enabling brand visibility, or accepting these Terms, the merchant confirms that:
The merchant operates an active Shopify store and uses UpPromote services.
The merchant understands that UpCreator helps merchants search, evaluate, and connect with creators, and also helps brands and creators discover and match with each other.
The merchant authorizes UpPromote to use and display relevant brand, Shopify store, campaign, offer, and affiliate program information for creator discovery, recommendation, and matching purposes where brand visibility is enabled.
The merchant understands that if the brand has multiple programs, UpPromote may currently use the Default Program as the primary program for brand visibility unless another program selection option is made available by UpPromote and selected by the merchant.
The merchant understands that accepting these Terms does not mean all programs, campaigns, or offers will automatically be displayed, recommended, or matched in UpCreator.
The merchant understands that creator data may be unavailable, incomplete, delayed, inaccurate, or subject to platform restrictions.
The merchant understands that UpCreator is a discovery, analytics, recommendation, and matching tool only and does not act as a talent agency, creator management agency, employer, agent, representative, broker, or guarantor of any creator.
The merchant understands that creators are independent individuals or entities, and UpPromote does not control, supervise, or guarantee their actions, content, communication, availability, performance, compliance, or results.
The merchant is responsible for evaluating, approving, managing, and communicating with creators, as well as any collaboration, agreement, payment, content requirement, or dispute outside UpPromote’s supported workflows.
The merchant is responsible for using creator data lawfully and complying with applicable privacy, advertising, disclosure, anti-spam, and platform requirements.
UpPromote does not guarantee any specific business outcome from using UpCreator or related UpPromote services.
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