THE BRICK CREATOR PROGRAM AGREEMENT

Effective Date: This Agreement is effective upon your acceptance through the Aspire platform.

Welcome to the Creator Program

Thank you for your interest in participating in The Brick Creator Program.

This Agreement explains the terms that apply whenever you participate in the Program. It is intended to establish a clear understanding of our respective responsibilities and help us work together successfully.

This Agreement is between The Brick Warehouse LP, by its General Partner, The Brick GP Ltd. ("The Brick") and the creator accepting this Agreement ("Creator").

Campaign-specific details, including deliverables, compensation, commission rates, timelines, content usage rights, exclusivity periods and other campaign requirements, will be set out in the applicable Campaign Brief within the Aspire platform.

By accepting this Agreement through the Aspire platform, the Creator agrees to be legally bound by its terms.

1. Participating in the Program

  • Participation in the Program is conditional upon continued compliance with this Agreement, the applicable Campaign Brief and the Program Guidelines.
  • The Program Guidelines form part of this Agreement.
  • The Brick may update the Program Guidelines from time to time to reflect changes in law, platform requirements, marketing practices or business needs. Updated Guidelines will apply to future Campaign Briefs.
  • Participation in one campaign does not create any expectation of future participation.
  • The Brick may suspend or remove a Creator from the Program where reasonably necessary to protect the Program, the brand, customers, or where the Creator fails to comply with this Agreement or the applicable Campaign Brief.
  • If there is any inconsistency between this Agreement, a Campaign Brief and the Program Guidelines, the order of precedence is: (a) this Agreement; (b) the applicable Campaign Brief; and (c) the Program Guidelines.

2. Campaign Details

  • Each campaign will include a Campaign Brief that sets out the applicable campaign terms, including, where applicable:
    • deliverables
    • campaign dates
    • affiliate links or discount codes
    • commission rates
    • commission caps
    • attribution windows
    • content usage periods
    • exclusivity periods
    • additional campaign requirements
  • If there is any inconsistency between this Agreement and a Campaign Brief, the Campaign Brief governs to the extent of the inconsistency.

3. Creating Content

  • During each campaign, the Creator will:
    • Create Original Content.
    • Provide honest opinions and authentic experiences.
    • Ensure content is accurate and not misleading.
    • Comply with applicable laws and platform requirements.
    • Make all required sponsorship and affiliate disclosures.
    • Follow the Program Guidelines.
    • Obtain all necessary licences, permissions and consents.
    • Cooperate reasonably with The Brick.
    • Conduct themselves professionally when representing The Brick.
  • Original Content means content originally created by the Creator for the applicable campaign that reflects the Creator's genuine experience or opinion, does not infringe another person's rights, and includes only third-party content for which the Creator has obtained all necessary rights or permissions. AI-assisted tools may be used provided the content remains an authentic representation of the Creator's experience, complies with the applicable Campaign Brief, and is not primarily generated using artificial intelligence, unless approved by The Brick.
  • The Creator will not artificially inflate audience size or engagement through purchased followers, bots or similar practices.

4. Working Together

  • The Brick values authentic content while protecting its customers, brand and reputation.
  • The Brick may:
    • Review Creators before participation.
    • Require content to be submitted for review before publication where identified in the Campaign Brief.
    • Request reasonable revisions.
    • Monitor campaign performance and compliance.
    • Investigate any actual or suspected breach of this Agreement.
  • The Creator will cooperate reasonably with any review or investigation.
  • Nothing in this Agreement requires The Brick to publish, repost or otherwise use any content created by the Creator.

5. Using Your Content

  • Except as otherwise provided in the applicable Campaign Brief, the Creator retains ownership of the Original Content.
  • Creator Persona means the Creator's name, image, likeness, voice, social media handles and other identifying characteristics used by the Creator in connection with the Program.
  • The Creator grants The Brick a worldwide, royalty-free, transferable licence to use, reproduce, publish, distribute, repost, edit, adapt, display and create derivative works from the Original Content and the Creator Persona for advertising, promotional, marketing and commercial purposes during the content usage period identified in the applicable Campaign Brief.
  • Unless otherwise provided in the applicable Campaign Brief, this licence survives termination for content already created.

6. Compensation

  • The applicable Campaign Brief sets out the compensation for each campaign.
  • Commission payments will be calculated using the tracking information recorded through the Aspire platform.
  • The Brick may withhold, reduce or recover compensation where:
    • Required deliverables are not completed.
    • The Creator breaches this Agreement, the Campaign Brief or the Program Guidelines.
    • Content is removed because of the Creator's non-compliance.
    • Compensation was paid based on inaccurate or fraudulent information.
  • The Creator is responsible for all taxes arising from compensation received under this Agreement.
  • The Brick is not responsible for tracking interruptions or errors caused by third-party platforms beyond its reasonable control.

7. Protecting The Brick Brand

  • To protect its customers, brand and reputation, The Brick may require the Creator to modify, suspend or permanently remove content if The Brick believes the content may:
    • Create legal, regulatory or reputational risk.
    • Be inconsistent with the Program Guidelines.
    • Violate this Agreement, the Campaign Brief or applicable law.
    • Contain inaccurate or misleading information.
    • Infringe another person's rights.
    • Otherwise be inconsistent with the objectives of the applicable campaign.
  • The Creator will comply with any such request as soon as reasonably practicable and, unless otherwise directed by The Brick, ordinarily within twenty-four (24) hours.

8. Promoting Competing Products

Where the applicable Campaign Brief includes an Exclusivity Period, the Creator will not publish sponsored or affiliate content promoting a direct competitor of The Brick in the product categories identified in the Campaign Brief during that Exclusivity Period.

9. Legal & Advertising Compliance

The Creator will comply with the Competition Act (Canada), applicable provincial consumer protection legislation, Ad Standards Canada requirements, applicable privacy legislation, applicable platform policies, and all other applicable laws relating to advertising, endorsements and affiliate marketing.

10. Confidential Information

The Creator will keep confidential all non-public information received from The Brick, including campaign details, compensation, marketing initiatives and business information, unless disclosure is required by law or approved by The Brick.

11. No Endorsement

  • Participation in the Program does not create an employment, agency, partnership or endorsement relationship beyond the applicable campaign.
  • The Brick does not endorse the Creator's personal opinions, activities or other content except as expressly contemplated by the applicable Campaign Brief.
  • Participation in the Program does not imply that the Creator endorses all of The Brick's products, services or business activities beyond the applicable campaign.

12. Ending the Relationship

  • Either party may end participation in the Program at any time unless otherwise provided in the applicable Campaign Brief.
  • Termination does not affect payment obligations already earned, licences already granted, confidentiality obligations, indemnity obligations, or any provision intended to survive termination.

13. Indemnification

  • The Creator will indemnify and hold harmless The Brick, its affiliates, directors, officers, employees, agents, contractors, service providers and any other person whose products or services are promoted as part of the applicable campaign from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from:
    • The Creator's breach of this Agreement.
    • Infringement of another person's intellectual property or other legal rights.
    • Failure to comply with applicable laws or advertising requirements.
    • Negligent, unlawful or misleading content created by the Creator.
    • Any inaccurate or unauthorized representation made by the Creator regarding products or services promoted as part of the applicable campaign.
  • This obligation survives termination.

14. General Terms

  • The Creator represents and warrants that the Creator owns, or has obtained, all rights necessary to create and license the Original Content, all necessary permissions and consents have been obtained, and The Brick's use of the Original Content in accordance with this Agreement will not infringe another person's rights.
  • The Creator is an independent contractor and is solely responsible for all taxes, remittances and other obligations arising from participation in the Program.
  • Nothing in this Agreement creates an employment relationship, agency, partnership or joint venture.
  • The Creator may not make commitments or representations on behalf of The Brick.
  • Neither party is responsible for delays or failures caused by events beyond its reasonable control, including outages affecting social media platforms or the Aspire platform.
  • To the fullest extent permitted by law, The Brick's liability under this Agreement will not exceed the compensation payable under the applicable Campaign Brief.
  • This Agreement, together with each applicable Campaign Brief and the Program Guidelines, constitutes the entire agreement between the parties relating to the Program and supersedes all prior discussions, representations and agreements relating to the same subject matter.
  • No waiver of any provision of this Agreement is effective unless made in writing. A failure to enforce any provision does not constitute a waiver of that or any other provision.
  • This Agreement is governed by the laws of Alberta and the federal laws of Canada applicable therein.

15. Acceptance

By accepting this Agreement through the Aspire platform, the Creator acknowledges that they have read and understood this Agreement, agree to comply with this Agreement, the applicable Campaign Brief and the Program Guidelines, and acknowledge that electronic acceptance constitutes the Creator's agreement to be legally bound by this Agreement.