Creator Terms & Conditions

Velvet Hammer, Inc.

The Order of the Chalice Creator Program

Terms and Conditions

By clicking “I Agree,” “Accept,” or submitting content through the Order of the Chalice Creator Program submission form, you (“Creator” or “you”) acknowledge that you have read, understood, and agree to be bound by these Creator Program Terms and Conditions (“Terms”) with Velvet Hammer, Inc. (“Velvet Hammer” or “we”), a Delaware corporation with an address at 1902 Lincoln Blvd, Unit 1400, Santa Monica, CA 90405.

1. Definitions

“Program Page” means https://drinkvelvethammer.com/pages/creator-terms-conditions (or such successor URL as may be provided by Velvet Hammer).

“Approved Post” means a submission of Submitted Content that has been approved by Velvet Hammer in accordance with Section 2 of these Terms.

“Raw Video” means the video file associated with the Submitted Content that you upload or share with Velvet Hammer.

“Submitted Content” means the social media video content (including Reels and TikToks) and any Ad Code you provide to Velvet Hammer through the Creator Program submission form or otherwise.

“Ad Code” means the authorization code that permits Velvet Hammer to boost your content as a paid advertisement on social media. Velvet Hammer may request Ad Codes for multiple social media platforms.

2. Content Submission and Review

When you submit content through the Order of the Chalice Creator Program, Velvet Hammer’s team will review your submission to determine whether it meets our program criteria. If your content is approved, you will receive email notification of approval. Velvet Hammer is not obligated to notify you if your submission is not approved, and Velvet Hammer is under no obligation to approve or use any Submitted Content. Approval is at Velvet Hammer’s sole discretion.

If your content is approved, you agree to promptly share the Ad Code and Raw Video with Velvet Hammer.

3. License Grant

In exchange for the rewards described in Section 5, you grant Velvet Hammer a nonexclusive, worldwide, irrevocable, transferable, and sublicensable right and license to use, reproduce, distribute, display, publicly perform, exhibit, and otherwise exploit your Submitted Content in whole or in part for any lawful purpose in all media now known or hereafter devised.

For your Ad Code, this license permits Velvet Hammer to boost your social media content as a paid advertisement on the platform to which it was posted.

For your Raw Video, this license permits use across platforms including, without limitation: organic and paid social media, television, whitelisting and dark posting on social media, in-app and on-platform use, promotion of Velvet Hammer and its affiliates and their products and services, digital media, brand-owned and operated channels (including website, social channels, newsletters, and in-app/on-platform placements), public relations, and email.

As between you and Velvet Hammer, Velvet Hammer owns all copyrights and other rights in any works, materials, or content that incorporate, are based on, or are created using your Submitted Content. This does not include ownership of the copyright in your original Submitted Content.

4. License Term

The license for each Ad Code and Raw Video begins on the date you share that Ad Code and Raw Video with Velvet Hammer and continues for one (1) year thereafter.

If you submit additional content, each submission is subject to Velvet Hammer’s approval and will be governed by the Creator Program Terms in effect at the time of submission, with its own separate one-year term beginning on the date it is shared.

5. Rewards

For each Approved Post, Velvet Hammer will provide you a reward in one of the following forms, at your election at the time of submission:

  1. Cash: One Hundred Dollars ($100.00 USD); or

  2. Velvet Hammer Credit: One Hundred Fifty Dollars ($150.00 USD) in credit redeemable toward Velvet Hammer products.

Rewards will be issued within thirty (30) business days after Velvet Hammer receives both your Ad Code(s) and Raw Video. Velvet Hammer is not obligated to provide any reward for submissions that are not approved. Velvet Hammer Credit has no cash value, is non-transferable, and is subject to any additional terms and conditions applicable to Velvet Hammer’s credit or gift programs in effect at the time of issuance.

6. Reservation of Rights

You retain ownership of your Submitted Content and reserve all rights not expressly granted to Velvet Hammer under these Terms.

7. Permissions

You represent that you have obtained from all persons and entities who appear in, contributed to, or whose trademark, copyright, likeness, or other property is identified or depicted in your Submitted Content, all written licenses, permissions, waivers, releases, and consents (“Permissions”) necessary for Velvet Hammer to exercise its rights under these Terms without incurring any payment or other obligation to any third party. If your Submitted Content includes music, you have obtained all required licenses (including master use, synchronization, and performer consents) and are responsible for any fees required for the music’s use.

8. Representations and Warranties

You represent and warrant that:

  1. you have the full right, power, and authority to enter into these Terms and grant the licenses described herein;

  2. you are the sole owner of your Submitted Content or are authorized to grant these rights on behalf of the owner;

  3. your Submitted Content and Velvet Hammer’s use of it as permitted herein does not violate any law or regulation, and does not infringe any copyright, trademark, intellectual property right, privacy right, publicity right, or other third-party right, and does not constitute defamation of any person or entity;

  4. there is no pending or threatened litigation or claim related to your Submitted Content; and

  5. you have obtained all required Permissions.

9. Indemnification

You agree to indemnify, defend, and hold Velvet Hammer and its affiliates, officers, directors, employees, and agents harmless from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

  1. your breach of any representation or warranty in these Terms;

  2. any claim that your Submitted Content infringes a third party’s intellectual property rights; and

  3. any third-party claim based on your acts or omissions that results in personal injury, death, property damage, or violation of any law.

10. Limitation of Liability

VELVET HAMMER WILL NOT BE LIABLE UNDER THESE TERMS FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE OR WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VELVET HAMMER’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE REWARD PAYABLE TO YOU UNDER THESE TERMS FOR THE APPLICABLE APPROVED POST, OR (B) $200 USD.

11. Compliance with Law and Platform Policies

You are solely responsible for ensuring that your Submitted Content complies with all applicable federal, state, and local laws and regulations, including without limitation the Federal Trade Commission’s guidelines regarding endorsements and testimonials (16 C.F.R. Part 255). You agree to clearly and conspicuously disclose your material relationship with Velvet Hammer in any Submitted Content in accordance with applicable law and the policies of the applicable social media platform.

12. General Provisions

These Terms are governed by the laws of the State of Delaware, excluding conflict of laws principles. Any legal action arising under these Terms will be brought exclusively in the federal or state courts located in Willmington, Delaware, and you consent to personal jurisdiction and venue there.

You may not assign these Terms or any rights granted herein without Velvet Hammer’s prior written consent; any attempted assignment without such consent is void. Velvet Hammer may freely assign these Terms.

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

These Terms constitute the complete agreement between you and Velvet Hammer regarding the Order of the Chalice Creator Program and supersede all prior agreements or understandings on this subject. Any modification of these Terms must be in writing and signed by both parties.

By accepting these Terms, you acknowledge that you have had the opportunity to read and understand them, that you are entering into these Terms voluntarily, and that you intend to be legally bound.