Creator Services Agreement

Last Updated: May 23, 2023

Bond provides an online platform through which it markets and sells selected branded products (each a "Products" and collectively "Products") that are supplied by or on behalf of the owners of such brands (each a "Brand Owner" and collectively the "Brand Owners") to potential customers ("Shoppers").  Bond has agreed to engage Creator to perform the services pertaining to the marketing and sale of certain Products to be mutually agreed as further described in the initial SOW (defined below) and as in such other SOWs, if any, as the parties may hereafter execute from time to time, in each case by incorporating by reference the terms of this Agreement (collectively, the "Services"), and Creator has agreed to provide the Services, on and subject to the terms and conditions set forth this Agreement.


For and in consideration of the mutual agreements and undertakings of the parties set forth herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. The Services:

Bond hereby engages Creator to perform the Services set forth in statements of work entered into pursuant to this Agreement (each a "SOW" and collectively the "SOWs").  Each SOW shall only be effective if signed by both Bond and Creator.  The Services shall be performed in a professional manner in accordance with and subject to the terms and conditions of this Agreement and the applicable SOW, and in compliance with all applicable federal, state, and local laws.  

2. Compensation:

In consideration for the provision of the Services, Bond shall compensate Creator as provided in the applicable SOW.

3. Term; Termination:

4. Intellectual Property:

5. Indemnification; Limitation of liability.

Creator shall indemnify, defend, and hold harmless BOND, and its owners officers, directors, employees, agents, subsidiaries and affiliates, and its and their successors, and assigns, against all potential or actual claims, expenses, or liabilities of any kind (including attorneys' fees) arising out of or relating to any breach of any of Creator's obligations, representations, or warranties pursuant to this Agreement or any SOW, or otherwise arising out of Creator’s negligence or willful misconduct in connection with performance of the Services.  Neither party shall be liable under this Agreement or any SOW for special, punitive, exemplary, indirect, consequential, or incidental losses or damages, including, but not limited to, lost profits, loss of use, loss of data, loss of business opportunity, or loss of goodwill arising from or relating to this Agreement or any SOW, whether in contract, tort (including negligence), products, or strict liability or any other form of action.  The foregoing sentence shall not apply in the case of grossly negligent or intentionally wrongful acts or omissions or acts or omissions in violation of applicable law.  With the exception of injunctive relief and specific performance, monetary damages shall be each party's exclusive remedy for any claims in respect of this Agreement or any SOW, regardless of the form of action, and shall be limited to actual losses or damages.  Except for breaches of Section 7 [Confidentiality], or grossly negligent or intentionally wrongful acts or omissions, in no event shall either party's liability exceed the total amount paid or due for its services under this Agreement, including all SOWs.

6. Confidentiality:

Creator shall not use or disclose any Confidential Information of BOND made available to Creator in connection with performance of the Services except as may hereafter authorized in writing by BOND for disclosure or use in connection with performance of the Services.  For purposes of this Agreement, "Confidential Information" means all confidential or proprietary information furnished to Creator or Creator’s representatives by or on behalf of BOND including, without limitation, information relating to BOND’s business plans, relationships or business strategy, if such information is so identified by BOND in writing as confidential or proprietary (which identification may be made via email) or if it is of such a nature that it would normally be considered confidential or proprietary.  Notwithstanding the foregoing, Confidential Information shall not include information that: (a) is or becomes a matter of public knowledge through no fault of Creator or Creator’s representatives; (b) was rightfully in Creator's or Creator’s representative’s possession free of any obligation of confidence before it was communicated to Creator by or on behalf of BOND or otherwise obtained by Creator; (c) is rightfully disclosed to Creator by a third party not subject to restriction as to its use or disclosure; or (d) is independently developed by Creator without use of or reference to Confidential Information.  In the event Creator is required by law, regulation, or court order or other legal process to disclose Confidential Information, to the extent permitted by applicable law Creator will promptly notify BOND and cooperate with BOND’s reasonable requests, at BOND’s sole cost and expense, in connection with efforts to seek protective orders limiting such disclosure.

7. Non-Disparagement.

Creator shall not make disparaging statements or remarks about BOND, any of the Products marketed or promoted by Creator pursuant to the Services or the brands of such Products, or any other statements reasonably anticipated to be damaging or otherwise harmful to BOND, any of the Products marketed or promoted by Creator pursuant to the Services or the brands of such Products.

8. Miscellaneous

                For BOND:
               or to such other address for a party of which such party may from time to time notify the other, and will be deemed to be properly delivered upon sending of notification via email (or on the next business day in the case of notifications sent outside of business hours of any recipient).