terms
Wild Forge Brands LLC d/b/a Colorflock — Creator Content License Terms
Effective Date: June 2, 2026
1. Definitions
In these Creator Content License Terms (“Terms”), the following definitions apply:
“Company” means Wild Forge Brands LLC, a California limited liability company doing business as Colorflock, with its principal place of business at 15 Lilly Way, Watsonville, CA 95076, and its successors and assigns.
“Creator” means the individual who accepts these Terms by clicking the “Add” button in response to a sample request from the Company on the TikTok Shop platform.
“Content” means any and all video, photographic, audio, written, or other creative material produced by the Creator about Company’s products in connection with the TikTok Shop affiliate program, including but not limited to product reviews, demonstrations, tutorials, unboxings, testimonials, and any related captions, hashtags, or descriptions.
“Licensed Content” means any Content that is created after the Creator has accepted these Terms by clicking the “Add” button in response to a sample request from the Company on the TikTok Shop platform.
“Platform” means any current or future advertising, marketing, social media, e-commerce, or digital platform, including but not limited to TikTok, Meta (Facebook and Instagram), YouTube, Google, Snapchat, Pinterest, connected TV, programmatic display, the Company’s owned websites and email marketing channels, and any successor or replacement platforms.
“Composite Content” means any edited, stitched, combined, or derivative work that incorporates Licensed Content together with other material (including content from other creators, stock footage, Company-produced material, or any other source).
2. License Grant
2.1 By clicking the “Add” button in response to a sample request from the Company, the Creator grants to the Company a worldwide, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, edit, create derivative works from, distribute, publicly display, publicly perform, broadcast, transmit, stream, and otherwise exploit the Licensed Content, in whole or in part, in any format or medium now known or hereafter developed, for any commercial purpose, including but not limited to paid advertising, organic social media, email marketing, website content, in-store displays, packaging, and point-of-sale materials.
2.2 For the avoidance of doubt, the license granted herein includes the right to:
- Run Licensed Content as paid advertisements on any Platform;
- Edit, crop, trim, overlay text or graphics, add music, combine with other content (including content from other creators), and otherwise modify Licensed Content for advertising and marketing purposes;
- Use Licensed Content in Composite Content;
- Sublicense Licensed Content to advertising agencies, media buyers, marketing partners, and Platform partners acting on the Company’s behalf;
- Use Licensed Content in perpetuity, subject to the revocation provisions in Section 4.
2.3 The Creator retains all copyright ownership in the Licensed Content. Nothing in these Terms constitutes an assignment of copyright.
3. Right of Publicity Consent
3.1 The Creator grants the Company permission to use the Creator’s name, image, likeness, voice, and persona (collectively, “Publicity Rights”) as embodied in the Licensed Content, for commercial purposes, including but not limited to advertising, marketing, and promotion of Company’s products on any Platform.
3.2 This consent extends to any edited, modified, or derivative version of the Licensed Content that includes the Creator’s Publicity Rights.
3.3 This consent is granted worldwide and for the duration of the license granted in Section 2, subject to the revocation provisions in Section 4.
4. Revocation
4.1 The Creator may revoke the license and publicity consent granted under these Terms at any time by sending written notice to hi@colorflock.com.
4.2 Revocation shall become effective sixty (60) days after the Company’s receipt of the written notice (“Wind-Down Period”). During the Wind-Down Period, the Company may continue to use the Licensed Content in accordance with these Terms, including in any active advertising campaigns.
4.3 Revocation is prospective only. It does not affect the validity of any use of the Licensed Content that occurred prior to the effective date of revocation. Any Licensed Content incorporated into materials distributed or published before the effective date of revocation (including but not limited to advertisements, website content, and printed materials) may remain in circulation without constituting a violation of these Terms.
4.4 Revocation applies on a per-acceptance basis. If the Creator has accepted multiple sample requests from the Company, revocation of one acceptance does not automatically revoke any other acceptance unless the Creator’s written notice expressly states otherwise.
5. Consideration
5.1 In consideration for the license and consent granted herein, the Creator shall receive:
- A product sample as described in the Company’s sample request; and
- Any commissions earned through the TikTok Shop affiliate program in accordance with TikTok Shop’s applicable terms and commission structures.
5.2 No additional royalties, fees, or compensation are owed by the Company for the use of Licensed Content under these Terms.
5.3 Composite Content Commission Threshold. If Licensed Content from a Creator constitutes sixty-six percent (66%) or more of the total runtime of a piece of Composite Content, the Company shall use commercially reasonable efforts to attribute applicable affiliate commissions for sales generated by that Composite Content to the Creator, in accordance with TikTok Shop’s attribution and commission mechanisms. Use of Licensed Content in Composite Content below the 66% threshold does not affect the validity of the license granted in Section 2.
6. Representations and Warranties
The Creator represents and warrants that:
- The Creator is at least eighteen (18) years of age;
- The Creator has full right, power, and authority to enter into these Terms and to grant the rights and consents contained herein;
- The Licensed Content is the Creator’s original work and does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights;
- The Licensed Content does not contain any material that is defamatory, obscene, or unlawful;
- No other person or entity has any rights to the Licensed Content that would conflict with the rights granted herein (including any exclusive licenses or assignments);
- The Creator’s statements and representations in the Licensed Content regarding their experience with Company’s products are truthful and reflect the Creator’s genuine opinion or experience;
- If the Creator received a free product sample, the Creator will clearly and conspicuously disclose the material connection with the Company in each piece of Licensed Content in compliance with FTC guidelines.
7. FTC and Advertising Compliance
7.1 The Creator shall comply with all applicable laws, rules, and regulations governing endorsements and testimonials, including but not limited to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255).
7.2 The Creator shall include a clear and conspicuous disclosure of the material connection between the Creator and the Company in each piece of Licensed Content. Acceptable disclosures include, but are not limited to, “#ad,” “#sponsored,” or “Gifted by [Company Name]” placed in a prominent and unavoidable location within the Content.
7.3 The Company may, but is not obligated to, add additional FTC disclosures when repurposing Licensed Content as paid advertising. The Company’s addition of disclosures does not relieve the Creator of the Creator’s independent obligation to disclose under Section 7.2.
7.4 Prohibited Claims. The Creator shall not make any claims in the Licensed Content that are:
- False, misleading, deceptive, or unsubstantiated;
- Not based on the Creator’s genuine experience with or opinion of Company’s products;
- Claims that would require regulatory approval, scientific substantiation, or professional licensure to make (including but not limited to medical, health, therapeutic, diagnostic, legal, or financial claims) unless the Creator holds such licensure and the claim is within the Creator’s professional scope;
- Comparative claims about competitors’ products that the Creator has not personally used or that are not substantiated by the Creator’s own experience;
- Claims of results or outcomes that are not typical or that the Creator has no reasonable basis to believe are achievable by ordinary consumers.
8. Content Review and Approval
8.1 The Company reserves the right, but not the obligation, to review any Licensed Content before or after it is published or used in paid advertising.
8.2 The Company may request removal or modification of Licensed Content that the Company reasonably believes violates these Terms, applicable law, or Platform policies. The Creator shall use commercially reasonable efforts to comply with such requests promptly.
8.3 The Company’s decision not to review or request modification of any Licensed Content does not constitute approval of that Content or a waiver of any rights under these Terms.
9. Indemnification
9.1 The Creator shall indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Any breach of the Creator’s representations, warranties, or obligations under these Terms;
- Any claim that the Licensed Content infringes, misappropriates, or violates any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights;
- Any claim arising from the Creator’s failure to comply with applicable laws, including FTC guidelines.
9.2 The Company shall indemnify, defend, and hold harmless the Creator from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Company’s use of Licensed Content in a manner that materially deviates from these Terms or that introduces content not attributable to the Creator (such as overlaid claims, added testimonials, or fabricated endorsements inserted by the Company).
10. Limitation of Liability
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 THE AGGREGATE LIABILITY OF THE COMPANY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE RETAIL VALUE OF THE PRODUCT SAMPLE PROVIDED TO THE CREATOR IN CONNECTION WITH THE APPLICABLE ACCEPTANCE, OR (B) ONE HUNDRED DOLLARS ($100.00).
11. Term and Termination
11.1 These Terms become effective as to a Creator upon the Creator’s clicking the “Add” button in response to a sample request from the Company on TikTok Shop.
11.2 The license and consent granted herein shall remain in effect in perpetuity unless revoked by the Creator in accordance with Section 4.
11.3 The Company may terminate these Terms with respect to any Creator at any time by providing written notice to the Creator. Upon termination by the Company, the Company shall cease using the applicable Licensed Content within sixty (60) days of the termination notice.
11.4 Sections 6, 9, 10, 12, and 13 shall survive any termination or expiration of these Terms.
12. Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
12.2 Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect.
12.3 The arbitration shall take place in Watsonville, California, or at such other location as the parties may mutually agree or as the arbitrator may determine. The arbitration may be conducted in person, by telephone, via videoconference, or based on written submissions, as determined by the arbitrator.
12.4 The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.5 Each party shall bear its own costs and attorneys’ fees in connection with the arbitration, unless the arbitrator determines that a different allocation is appropriate.
12.6 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
13. General Provisions
13.1 Entire Agreement. These Terms constitute the entire agreement between the Creator and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
13.2 Amendment. The Company may amend these Terms by posting revised terms at the URL where these Terms are published. Amendments shall apply only to sample requests made after the date the amended terms are posted. Acceptance of a sample request after the posting of amended terms constitutes acceptance of the amended terms.
13.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties’ original intent.
13.4 Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.5 Assignment. The Company may assign these Terms and any rights and obligations herein without the Creator’s consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the Company’s assets. The Creator may not assign these Terms without the Company’s prior written consent.
13.6 Notices. All notices under these Terms shall be in writing and sent by email. Notices to the Company shall be sent to hi@colorflock.com. Notices to the Creator shall be sent to the email address associated with the Creator’s TikTok Shop account or such other email address as the Creator may provide in writing.
13.7 Independent Contractor. The Creator is an independent contractor and nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the Creator and the Company.
13.8 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and do not confer any rights or remedies on any third party.
If you have questions about these Terms, please contact us at hi@colorflock.com.
Wild Forge Brands LLC d/b/a Colorflock • 15 Lilly Way, Watsonville, CA 95076