1. Creator Profile and Marketplace Authorization

Creator authorizes DMC to create, maintain, display, and promote a DMC creator profile using Creator's approved name or display name, image, likeness, voice, social media handles, biographical information, photographs, videos, audiovisual content, and other materials submitted or otherwise authorized by Creator (collectively, "Creator Materials").

DMC may display Creator Materials on the DMC website and marketplace and make Creator's profile available to businesses and other authorized marketplace users for the purpose of discovering and evaluating creators for potential collaborations.

DMC may also proactively provide Creator's DMC profile or approved Creator Materials to prospective businesses and brands for creator discovery and evaluation.

Viewing or receiving a Creator profile does not grant any business, brand, advertiser, or other third party a license or other right to reproduce, publish, advertise with, commercially exploit, or otherwise use Creator's name, image, likeness, voice, photographs, videos, or other Creator Materials. Any such third party commercial use requires a separate agreement or authorization from Creator.

2. DMC Promotional Use

Creator grants DMC a non-exclusive, worldwide, royalty-free authorization to use Creator Materials during Creator's active participation in DMC for the limited purposes of operating the DMC marketplace and promoting DMC and Creator's participation in the DMC creator community.

Permitted uses include DMC's website and DMC-owned or controlled social media accounts and channels, including posts, Stories, Reels, videos, feeds, creator spotlights, website features, promotional presentations, newsletters, and similar DMC promotional media and forums.

DMC may identify Creator by Creator's approved name or display name and may tag or link to social media accounts provided by Creator.

Creator understands that DMC is not required to obtain separate approval for each individual use that falls within the scope of this Agreement.

3. Publicly Posted Creator Content

Creator authorizes DMC to repost or share content that Creator has publicly posted through Creator's social media accounts when the use is reasonably related to promoting Creator's participation in DMC or promoting the DMC creator community.

DMC will exercise reasonable care concerning publicly posted content that prominently depicts identifiable third parties. Creator's participation in DMC does not grant DMC NIL rights belonging to persons other than Creator.

4. Ownership

Creator retains ownership of Creator Materials and Creator's name, image, likeness, voice, publicity rights, and other applicable intellectual property rights.

Nothing in this Agreement transfers ownership of Creator's NIL or Creator Materials to DMC. DMC receives only the limited rights expressly granted by this Agreement.

Creator remains free to work directly with brands, participate on other creator platforms, maintain other professional relationships, and otherwise use or license Creator's own NIL and content.

5. Editing, Formatting and Creative Use

DMC may crop, resize, retouch, enhance, format, compress, caption, create thumbnails from, composite, add text to, add Creator's name or social media handle to, add DMC branding to, or otherwise make reasonable technical, editorial, or creative modifications to authorized Creator Materials.

DMC may use conventional, automated, and artificial intelligence assisted creative and editing tools in connection with these activities. Ordinary polishing, editing, enhancement, formatting, or creation of DMC promotional content incorporating Creator's underlying NIL will not, by itself, constitute a prohibited alteration.

DMC may also create derivative promotional materials incorporating authorized Creator Materials, including creator cards, Stories, Reels, montages, animations, website banners, graphics, and similar DMC promotional content.

DMC will not, without Creator's separate consent, materially alter Creator's identity or likeness in a manner that falsely depicts Creator as engaging in conduct, making a statement, or endorsing an unrelated third party product or service that Creator did not actually engage in, make, or endorse.

6. No Third-Party Endorsement Rights

Nothing in this Agreement authorizes DMC to sell or license Creator's NIL to an unrelated brand or advertiser for that third party's independent commercial use.

DMC will not use Creator Materials to falsely imply that Creator endorses an unrelated third party product or service.

Any rights required by a brand or business to use Creator's NIL in connection with an actual collaboration, advertisement, campaign, or endorsement must be separately obtained from Creator.

7. Creator's Rights in Submitted Materials

Creator represents that Creator has the right to submit Creator Materials to DMC and to authorize the uses described in this Agreement.

Where another person owns copyright or other applicable rights in submitted material, including a photographer who owns the copyright in a photograph, Creator represents that Creator has obtained any permission reasonably necessary to permit DMC's authorized uses.

For materials affirmatively submitted to DMC, Creator also represents that Creator has obtained any permissions reasonably necessary concerning identifiable third parties appearing in those materials where such permission is legally required for DMC's contemplated use.

8. Contractors and Service Providers

DMC may permit its employees, contractors, web developers, hosting providers, designers, social media providers, and other service providers to access, process, or use Creator Materials solely on DMC's behalf and only to the extent reasonably necessary to provide services to DMC or facilitate the uses authorized by this Agreement.

This provision does not authorize DMC to sell or sublicense Creator's NIL to brands or unrelated third parties.

9. Testimonials and Creator Statements

DMC may use testimonials, reviews, statements, or feedback voluntarily provided by Creator to DMC in DMC's own promotional materials.

DMC may make reasonable formatting, spelling, grammatical, or length edits, provided DMC does not materially change the meaning of Creator's statement or falsely attribute a statement to Creator.

10. No Guarantee of Opportunities

Creator understands that joining DMC, maintaining a DMC profile, or being featured or promoted by DMC does not guarantee brand inquiries, collaborations, engagements, compensation, or other opportunities.

Participation in DMC and DMC's display, sharing, or promotion of Creator's profile do not create an employment, talent agency, management, or exclusive representation relationship between DMC and Creator.

11. DMC Marketplace Curation

DMC may accept or decline creator applications and may suspend, deactivate, or remove Creator profiles or discontinue featuring a Creator as part of DMC's reasonable operation and curation of its marketplace.

DMC has no obligation to continuously display or promote any particular Creator.

12. Withdrawal and Inactive Profiles

Creator may withdraw this authorization for future uses by providing written notice to DMC at [email protected].

DMC will discontinue new uses of Creator's NIL and deactivate or remove Creator's active marketplace profile within a reasonable period after withdrawal.

This authorization also terminates for new uses when Creator's DMC profile becomes inactive.

Withdrawal or deactivation does not require DMC to recall, destroy, or remove Creator Materials that were lawfully published or distributed before the authorization ended. Previously published DMC social media posts, promotional materials, archived materials, and similar historical content may remain. DMC may remove existing digital materials when reasonably practicable but is not contractually required to remove all historical uses.

DMC will not create new promotional uses of Creator's NIL after Creator's authorization has ended.

13. Unauthorized Third-Party Conduct

Businesses and other third parties receive no NIL rights merely by viewing or receiving a DMC Creator profile.

Creator acknowledges that materials displayed online may potentially be copied or misused by persons without authorization. DMC does not guarantee that unauthorized third parties will never copy or misuse Creator Materials where such conduct is outside DMC's reasonable control.

Nothing in this provision excuses DMC from responsibility for DMC's own unauthorized use, disclosure, sale, or licensing of Creator Materials.

14. Release for Authorized Uses

To the extent permitted by law, Creator releases DMC from claims based solely upon DMC's use of Creator's NIL or Creator Materials within the scope of the express authorization granted by this Agreement.

This release does not apply to uses outside the scope of this Agreement or to rights that cannot lawfully be released or waived.

15. Age and Capacity

Creator represents that Creator is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement.

DMC's current creator program is intended for adults age 18 and older.

16. Changes to this Agreement

DMC may update this Agreement prospectively from time to time. DMC will provide reasonable notice of material changes through the DMC website, marketplace, electronic communication, or another reasonable method.

Creator's continued active participation in DMC after the effective date of revised terms constitutes acceptance of those terms to the extent permitted by applicable law.

No amendment will retroactively authorize a DMC use that was unauthorized when it occurred.

17. California Law; Mediation; Binding Individual Arbitration

This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.

Before commencing arbitration, Creator and DMC agree to make a good faith effort to resolve any covered dispute informally and, if unsuccessful, to participate in good faith mediation before a mutually agreed mediator.

If mediation does not resolve the dispute, any covered dispute arising out of or relating to this Agreement, Creator's participation in DMC, or DMC's authorized use of Creator Materials shall, to the extent permitted by applicable law, be resolved through final and binding arbitration on an individual basis rather than in court.

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court or seeking provisional or emergency relief from a court where permitted by law.

By agreeing to binding arbitration, Creator and DMC understand that they are generally waiving the right to have covered disputes decided by a judge or jury.

18. Class, Collective and Representative Action Waiver

To the fullest extent permitted by applicable law, Creator and DMC agree that covered disputes will be resolved only on an individual basis.

Neither party will seek to have a covered dispute heard or resolved as a class action, collective action, consolidated action, or representative proceeding on behalf of other persons, except to the extent such a waiver is prohibited by applicable law.

If any portion of this waiver is determined to be unenforceable, that determination will not invalidate otherwise enforceable portions of the arbitration agreement except where applicable law requires otherwise.

19. Survival

Provisions that by their nature should reasonably survive termination or withdrawal will survive, including provisions concerning ownership, previously authorized uses, representations regarding rights in submitted materials, authorized use releases, dispute resolution, and protections concerning third party use or misuse.

20. Electronic Agreement and Signature

Creator agrees that electronic acceptance of this Agreement constitutes Creator's electronic signature and has the same force and effect as a handwritten signature to the extent permitted by applicable law.

DMC may maintain an electronic record of Creator's acceptance, including the version of this Agreement accepted and the date and time of acceptance.