Legal

TikTok Creator Fund Terms

These TikTok Creator Fund terms and conditions (the “Creator Fund Terms”) govern your (any participating individual or entity is referred to as “you,” “your,” or “Creator”) participation in the Creator Fund Program (the “Program”) on the TikTok platform (the “Platform”). These Creator Fund Terms incorporate and are expressly subject to the US TikTok Terms of Service (found at https://www.tiktok.com/legal/terms-of-use?lang=en#terms-us), including the TikTok Community Guidelines (found at https://www.tiktok.com/community-guidelines?lang=en), and all other TikTok policies and guidelines, each as may be updated from time to time (together, the “Policies”). In the event of any actual conflict between these Creator Fund Terms and the Policies, these Creator Fund Terms will control during the Term (defined below), solely with respect to Creator’s participation in the Program. Upon expiration or termination of the Program or Creator’s participation in the Program, the Policies will remain in effect and continue to apply to Creator’s use of the Platform. All capitalized terms used but not defined in these Creator Fund Terms have the respective meanings set forth in the Policies.

How to Apply:

To apply, you must submit a complete Program application via the Platform. TikTok will evaluate Creator’s application and eligibility and will notify Creator of their acceptance or rejection, which shall be determined by TikTok in its sole discretion. TikTok may reject an application if TikTok determines (in its sole discretion) that Creator does not meet the eligibility requirements of the Program or is otherwise not in compliance with the Policies. If Creator’s application is rejected, Creator may re-apply, but Creator must wait 30 days after delivery of the rejection notice before re-applying.

TikTok is not responsible for any incorrect or inaccurate information supplied by any Creator. You represent and warrant that all application information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.

By applying for and participating in the Program, Creator agrees as follows:

1. Eligibility

At all times during participation in the Program, only those Creators meeting all of the following requirements are eligible to participate in the Program: 

a. If Creator is an individual, Creator is a legal resident of the fifty (50) United States, D.C., or the territories and possessions of the United States, and is 18 years of age or older or the age of majority in their place of residence; or if Creator is an entity, Creator is incorporated or headquartered within the fifty (50) United States, D.C., or the territories and possessions of the United States;

b. Creator’s TikTok account is active and in good standing and is in compliance with the Policies;

c. Creator has at least 10,000 authentic followers; 

d. Creator has at least 100,000 authentic total video views in the last 30 days prior to application to the Program; and

e. Creator has at least one valid linked digital payment account that may be offered or required for use as a payment method through the Program, which is registered in Creator’s own name (if Creator is an individual), or which is owned by Creator (if Creator is an entity) (a “Payment Account”), is in good standing with the Payment Account provider, and Creator has completed all necessary onboarding documentation for Creator to apply to the Program (including, without limitation, any tax reporting documents required by TikTok). 

TikTok reserves the right to add or modify eligibility requirements in its sole discretion.

Employees, officers, and directors of TikTok or its parent, subsidiary, or affiliated companies are not eligible to participate in the Program.

2. Term

The Term of this Agreement shall begin on the Effective Date and last for one (1) year, unless terminated as set forth below. This Agreement will automatically renew for successive one (1) year periods, unless terminated as set forth below.

3. Payment

Subject to Creator’s compliance with the Policies at all times during the Term and confirmation by TikTok that Creator’s TikTok account is in good standing, TikTok will pay Creator a sum, net of any third-party transaction fees, which is based on Creator’s total legitimate, unique video views for eligible User Content  that complies with these Creator Fund Terms (“Video Views”). This excludes views that TikTok determines in its sole discretion are (i) artificially produced or obtained, (ii) paid or incentivized views, (iii) the Creator’s own views or those acting in concert with Creator to inflate video views, or (iv) otherwise in violation of these Terms, including any attempts to manipulate platform mechanisms to increase interaction metrics, as solely measured by TikTok. All statistics regarding the number of Video Views are based solely on TikTok data, and subject to TikTok’s sole discretion regarding eligibility of content or views.

Creator agrees and acknowledges that Creator has sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the payments from TikTok. Creator further agrees and acknowledges that TikTok reserves the right and is authorized to withhold from such payments any amounts it is required to withhold and pay over to any governmental authority under applicable law, and any such withheld amounts shall be treated as paid to Creator by TikTok.

From time to time, and in TikTok’s sole discretion, TikTok may modify the payment structure on a prospective basis and/or offer other methods of accruing payment.

4. Payment Terms

Within thirty (30) days of the close of the prior monthly reporting period, TikTok will report the amount of funds accrued during the prior monthly period, which shall be calculated and payable in U.S. dollars. 

Creator may transfer available funds to Creator’s Payment Account if the total amount of the funds due to Creator are equal to or exceed the minimum payment threshold of $50.00 USD and Creator remains in compliance with these Creator Fund Terms. All transfers to Creator’s Payment Account must be equal to or exceed $50.00 USD, unless otherwise expressly approved by TikTok in its sole discretion.

Creator agrees to accept funds transferred to Creator’s Payment Account within thirty (30) days of any such transfer, or funds may be forfeited and unavailable for withdrawal. Payment may be issued to Creator on behalf of TikTok by subsidiary or affiliate entities or other authorized payor(s), which may act as the payor under these Creator Fund Terms. TikTok may modify or substitute the payor at any time, without notice to you. 

All funds accrued in a reporting period but which do not reach the minimum payment threshold of $50.00 USD will not be eligible for transfer until the funds equal or exceed the minimum payment threshold. Creator is responsible for linking and maintaining an accurate, up-to-date Payment Account that complies with these Creator Fund Terms and the terms of their Payment Account provider, and TikTok will not be responsible for any delay, failure, or inability to transfer payment to Creator’s Payment Account due to any reason out of TikTok’s control, including Creator’s failure to comply with these Creator Fund Terms or the terms of use applicable to any Payment Account. TikTok shall not be responsible for any fees or charges relating to the use or operation of Creator’s Payment Account.  

In the event that TikTok at any time determines in its sole discretion that any Video Views or related content are (i) artificially produced or obtained, (ii) paid or incentivized views, or (iii) otherwise obtained in violation of these Creator Fund Terms (including, without limitation, the Community Guidelines), or Creator is otherwise in violation of these Creator Fund Terms, TikTok may adjust amounts due to Creator or offset against any payments owing to Creator in the next monthly reporting period. If no future payments are due, Creator will refund to TikTok any amounts owed within thirty (30) days of receiving written notification thereof. Any adjustments or refunds are without prejudice to any other rights or remedies TikTok may have arising out of Creator’s breach of these Creator Fund Terms. TikTok may at any time, without providing a warning or prior notice, temporarily suspend further payments to your Program account, including due to suspected invalid or fraudulent activity or your failure to otherwise comply with these Terms.

5. Termination

TikTok may terminate or suspend Creator’s participation in the Program immediately in its sole discretion: (a) if Creator breaches these Creator Fund Terms or Policies, including, without limitation, for failure to meet or maintain the eligibility requirements; (b) if Creator becomes involved in any situation or occurrence that could reflect unfavorably upon Creator or TikTok (including the Platform, the Program, or any employees of TikTok); and (c) without cause for any reason.

Termination will become effective upon TikTok’s delivery of a termination notice through the Platform. 

You may terminate your participation in the Program at any time by following the cancellation process set forth on the TikTok Creator Fund Page accessible via the Platform.

Upon termination, TikTok shall have no further payment obligations hereunder, provided that if the balance owing to Creator at the time of termination exceeds the minimum payment threshold of $50.00 USD, TikTok will pay all such undisputed amounts that accrued in compliance with these Creator Fund Terms within a reasonable time after termination. If TikTok terminates Creator from the Program for cause, Creator forfeits all unpaid amounts accrued but not transferred to Creator’s Payment Account as of the effective date of termination, and TikTok may withhold any amounts otherwise payable to you. Creators that are terminated from the Program for cause are ineligible to re-apply for participation in the Program, at TikTok’s sole discretion.

Creator must contact TikTok regarding any dispute arising out of payment, perceived accounting or reporting errors, or termination within 30 days of such issue arising. All disputes not raised within such 30 day period  shall be deemed waived by Creator. 

6. Representations and Warranties

Creator represents and warrants: (a) Creator is over the age of 18 or age of legal majority in their place of legal residence (if an individual), and otherwise has full right, power, and authority to enter into these Creator Fund Terms on behalf of themselves and any entity for whom they are acting; (b) Creator has read, understands, and agrees to follow the Policies; (c) Creator will make any required payments to any third parties required with respect to Creator’s User Content and no payment to any third-party shall be due by TikTok for the activities described in these Creator Fund Terms; (d) Creator shall not solicit or employ the use of any method, software, automated script, technology which attempts to artificially increase views or interactions with Creator’s User Content, including for purposes of inflating the number of Video Views or amounts payable hereunder; and (e) Creator’s participation in the Program will not violate any contract or agreement that Creator is a party to or otherwise bound by, or otherwise interfere with any third-party rights or obligations.

7. Confidentiality and Publicity

Subject to the terms of this section, the details of any reporting metrics that may be provided by TikTok or other non-public information contained or resulting from this Program shall be kept strictly confidential by Creator and not published or shared with any third party, except to legal or professional advisors under an obligation of confidentiality.

Creator understands that TikTok may issue an official press release relating to the Program and Creator’s participation in the Program, provided any inclusion of Creator will be subject to Creator’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

Notwithstanding the foregoing, TikTok reserves the right to publicly designate Creator as a participant in the Program, and Creator represents and warrants that Creator shall clearly and conspicuously disclose Creator’s participation in the Program when making any endorsement of TikTok (including a disclosure, such as #Ad or other organic disclosure, placed in copy, in voiceover in a video, or through superimposed script on an image, as applicable, that communicates to a viewer that Creator participates in the TikTok Creator Fund and receives payment from TikTok), whether in User Content posted on the Platform, or in content posted in third-party media.

8. Independent Contractor

The parties acknowledge that their relationship is that of independent contractors and nothing contained in these Terms will be deemed to create or be construed as creating any partnership, joint venture, or employment relationship with TikTok or any third party. For the avoidance of doubt, Creator agrees that Creator is not an employee of TikTok and is not entitled to (and also hereby waives to the maximum extent allowed by law) any benefits provided or rights guaranteed by TikTok, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance.

9. Miscellaneous

TikTok may modify any of the terms and conditions contained in these Creator Fund Terms, at any time and in its sole discretion. TikTok will endeavor to provide notice to Creator of any Program modifications; provided, however, that TikTok is not responsible for Creator’s failure to receive notice of changes, and Creator agrees to review the Policies and any updated Creator Fund Terms to ensure that Creator is familiar with the most recent version of such Creator Fund Terms and Policies. Creator’s continued participation in the Program following the public posting of updated Creator Fund Terms to Creator shall constitute Creator’s acceptance of the updated Creator Fund Terms. If Creator does not agree to any updated Creator Fund Terms or Policies, Creator may terminate their participation in the Program at any time. 

The failure of TikTok to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Creator Fund Terms shall not constitute a waiver of such rights. Creator may not assign, transfer, or delegate any rights or obligations contained in these Creator Fund Terms. TikTok may assign these Creator Fund Terms at its option without prior notice to Creator.