Influencer T&C Agreement

  • Terms Agreement

    This electronic record is generated under the Information Technology Act, 2000 and the rules framed thereunder as amended, and requires no physical or digital signature.


    The Platform/the brand/the agency (website, mobile site and applications) is owned and operated by Growthlo Labs Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 6/98, U/G/F Dhobiwara, Shahdara, Delhi – 110032, India (hereinafter referred to as the “Company”).


    By registering on the Platform, applying for, accepting, receiving any product or advance, or participating in any campaign as an influencer, creator, reviewer, or content generator (hereinafter individually and collectively referred to as the “Creator” or “User” or “You”), You irrevocably and unconditionally agree to be bound by this Influencer, Creator, Reviewer and User-Generated Content Services Agreement (the “Agreement”) which constitutes a legally enforceable contract between You and the Company.


    1. DEFINITIONS

    1.1 “Campaign Brief” means the detailed campaign specifications, deliverables, timelines, compensation, exclusivity period, disclosure requirements and all other terms displayed on the Platform at the time of application or acceptance.

    1.2 “Brand” means the third-party advertiser or rights holder engaging the Creator through the Platform.

    1.3 “Deliverables” means all content, posts, stories, reels, videos, images, reviews, live sessions, community actions, comments, or other material required under the Campaign Brief.


    2. APPOINTMENT AND IRREVOCABLE COMMITMENT

    2.1 The Company appoints the Creator, and the Creator accepts appointment, on a non-exclusive, independent-contractor basis to render the services described in each accepted Campaign Brief.

    2.2 Clicking “Apply”, “Accept Campaign”, receiving any product/advance, or commencing creation shall constitute irrevocable acceptance of the Campaign Brief and this Agreement. Withdrawal thereafter shall constitute repudiation and material breach.


    3. DELIVERABLES, DEADLINES AND APPROVAL

    3.1 The Creator shall deliver the precise number, format, quality, duration, platforms, hashtags, links, disclosures and posting dates stipulated in the Campaign Brief.

    3.2 All Deliverables must be submitted exclusively through the Platform’s submission portal by the deadline. Late or incomplete submission shall automatically forfeit all rights to compensation.

    3.3 The Company and Brand shall have unlimited revision rights. The Creator shall be entitled to a maximum of five (5) revision rounds per Deliverable. On the sixth rejection, the Company may terminate the campaign with full forfeiture of compensation and, at its discretion, permanent disqualification of the Creator.

    3.4 The Creator shall implement all revisions within twenty-four (24) hours of notification without demur, refusal or additional charge.


    4. INTELLECTUAL PROPERTY RIGHTS AND UNLIMITED USAGE LICENCE

    4.1 Immediately upon creation or submission of any Deliverable (whichever is earlier), the Creator hereby grants to the Company and the Brand an irrevocable, perpetual, exclusive, royalty-free, fully paid-up, worldwide, transferable licence with unrestricted sub-licensing rights to:

    (a) reproduce, distribute, publicly perform, publicly display, modify, edit, crop, translate, dub, add voice-overs, music, captions, animations, stickers, filters, CTAs, overlays or any other elements;
    (b) use the Creator’s name, image, voice, likeness, trademarks and persona;
    (c) exploit the Deliverable in any manner and on any medium now known or hereafter invented, including without limitation as paid advertising (Meta Spark Ads, Advantage+ Catalog Ads, Google Performance Max, YouTube Ads, TikTok Ads, Programmatic, TV, OTT, cinema, print, out-of-home) without further approval, notice or compensation.

    4.2 The Creator shall not delete, archive or make private any Deliverable for a minimum of thirty-six (36) months from the original posting date unless expressly permitted in writing.


    5. PRODUCT SEEDING, OWNERSHIP AND RETURN OBLIGATIONS

    5.1 All products dispatched remain the sole and absolute property of the Brand.

    5.2 The Creator shall not sell, transfer, gift, pledge, encumber or otherwise dispose of any seeded product without prior written consent.

    5.3 Where return is mandated, the Creator shall, at its own cost and risk, return the product in unused, undamaged, original condition along with all packaging and accessories within five (5) calendar days of campaign completion. The Creator shall bear full liability for any diminution in value, loss or damage.

    5.4 Failure to return or unauthorised disposal shall entitle the Company to recover the full retail value plus 50 % liquidated damages and/or initiate criminal proceedings for criminal breach of trust.


    6. EXCLUSIVITY AND NON-COMPETE

    The Creator shall not, directly or indirectly, promote, endorse, review or accept consideration from any competing brand in the same product/service category during the campaign period and for the entire exclusivity/cooling-off period specified in the Campaign Brief (minimum 30 days, maximum 180 days). Breach shall trigger immediate termination, claw-back of 100 % of all consideration paid or provided, permanent blacklisting and liquidated damages equivalent to twice the campaign value.


    7. REGULATORY COMPLIANCE AND CONTENT AUDIT RIGHTS

    7.1 The Creator shall ensure strict compliance with the ASCI Guidelines for Influencer Advertising in Digital Media, Consumer Protection Act, 2019, Drugs & Magic Remedies Act, Food Safety and Standards Act, and all applicable laws.

    7.2 The Company and Brand reserve the unqualified right to demand immediate removal or editing of any Deliverable that is non-compliant, misleading, or infringes third-party rights. The Creator shall comply within two (2) hours of notice. Non-compliance constitutes material breach.


    8. MANDATORY DISCLOSURE OBLIGATIONS

    Every Deliverable shall carry clear, conspicuous and proximate disclosure of the material connection using #ad, #sponsored, #paidpartnership, #brandcollab or equivalent as mandated by law. The Creator shall bear sole and absolute liability for any regulatory action, fine or penalty arising from inadequate disclosure.


    9. PERFORMANCE DATA AND ANALYTICS

    The Creator shall, within forty-eight (48) hours of posting, grant collaborator access or submit complete, unaltered screenshots of insights covering reach, impressions, engagements, clicks, conversions, swipe-ups and all other metrics. Failure or manipulation shall entitle the Company to withhold payment indefinitely or forfeit it entirely.


    10. REPRESENTATIONS, WARRANTIES AND COVENANTS

    The Creator represents, warrants and covenants that:

    (a) all Deliverables are original, not plagiarised and not generated by artificial intelligence unless expressly pre-approved in writing;
    (b) all accounts are genuine with organic followers and engagement;
    (c) no Deliverable infringes any third-party intellectual property, privacy, publicity or other rights;
    (d) the Creator has full power and authority to grant the rights herein;
    (e) the Creator shall not engage in any fraudulent, deceptive or manipulative practices.


    11. FRAUD, FAKE ENGAGEMENT AND PLATFORM VIOLATIONS

    Any detection of fake followers, bot activity, purchased engagement, engagement pods, incentivised actions in breach of platform policies, or any other fraudulent conduct shall entitle the Company to: (i) immediate termination, (ii) claw-back of 100 % of all consideration ever paid, (iii) permanent blacklisting, and (iv) initiation of civil and criminal proceedings.


    12. CONFIDENTIALITY

    The Influencer undertakes to comply with all applicable advertising, All Campaign Briefs, pricing, strategies, Brand identities, product launches and information accessed through the Platform are strictly confidential and shall not be disclosed in perpetuity.


    13. NON-DISPARAGEMENT

    The Creator shall not, during the subsistence of this Agreement or at any time thereafter, make any disparaging, defamatory, derogatory or negative statement (whether public or private) about the Company, the Platform, any Brand, or their affiliates in any medium.


    14. NON-CIRCUMVENTION AND NON-SOLICITATION

    14.1 For twelve (12) months following termination of this Agreement or last campaign (whichever is later), the Creator shall not directly or indirectly solicit, contract with, or render services to any Brand introduced through the Platform without the Company’s prior written consent.

    14.2 Breach shall attract liquidated damages of 100 % of gross revenue earned from such Brand during the restricted period plus injunctive relief and all legal costs on a full indemnity basis.


    15. INDEMNIFICATION

    The Creator shall indemnify, defend and hold harmless the Company, its directors, officers, employees, affiliates and Brand partners from and against all losses, claims, damages, liabilities, fines, penalties, costs and expenses (including advocate fees on actuals) arising from any breach of this Agreement, infringement, fraud, regulatory violation or third-party claims caused by the Creator.


    16. COMPENSATION AND PAYMENT

    16.1 Compensation shall be strictly as specified in the Campaign Brief.

    16.2 No payment shall be released until full compliance, final approval and receipt of analytics.

    16.3 In barter/seeding campaigns, receipt of product constitutes complete and final settlement unless expressly stated otherwise.


    17. TERMINATION

    17.1 The Company may terminate this Agreement or any campaign with immediate effect without notice upon any breach by the Creator.

    17.2 Upon termination for breach, all unpaid compensation shall stand forfeited and all payments already made shall be refunded or set-off forthwith.


    18. GOVERNING LAW, JURISDICTION AND EQUITABLE RELIEF

    This Agreement shall be governed by the laws of India. The courts at Delhi shall have exclusive jurisdiction. The Company shall be entitled to ex-parte interim and permanent injunctions without proof of actual damage or furnishing of security.


    19. MISCELLANEOUS

    19.1 Independent Contractor: The Creator is an independent contractor with no employment, agency or partnership relationship.

    19.2 Entire Agreement: This Agreement and the Campaign Brief constitute the entire understanding and supersede all prior agreements.

    19.3 Amendment: The Company may amend this Agreement by posting the revised version on the Platform; continued use constitutes acceptance. 19.4 Severability, Waiver, Assignment standard clauses apply.

    By applying to, accepting, or participating in any campaign, the Creator unconditionally accepts this Agreement in its entirety.


    Growthlo Labs Private Limited

    Last updated and effective: 28 November 2025

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