Creator Agreement

The Creator is explicitly classified as an Independent Contractor. Nothing in this agreement establishes an employer-employee, partnership, joint venture, or agency relationship. The Creator is solely responsible for paying their own income taxes, securing their own insurance, and registering for GST if their annual turnover from all sources exceeds the statutory threshold (e.g., ₹20 Lakhs). The Platform is not responsible for any employment benefits, provident fund contributions, or severance pay.

2.1. Disclosure Requirements The Creator MUST strictly adhere to the Advertising Standards Council of India (ASCI) Guidelines for Influencer Advertising. The Creator MUST add prominent disclosure labels (e.g., #ad, #sponsored) to ALL paid content. • The disclosure must be placed in the FIRST frame of any video content. • The disclosure must be instantly visible without requiring the viewer to click "see more." 2.2. Specialized Content Addendums If the campaign involves specialized niches: • Health and Skincare: The Creator cannot make medical, clinical, or physiological claims (e.g., "cures acne", "anti-aging") unless they possess and prominently display valid medical qualifications. • Financial Claims: Financial claims require the Creator to prominently display a valid SEBI registration number. 2.3. Indemnification for ASCI Fines A violation of ASCI guidelines constitutes immediate contract termination. The Creator expressly agrees to fully indemnify the Platform and the Brand against ANY fines, penalties, or legal costs levied by the CCPA due to the Creator's failure to properly disclose the advertisement.

3.1. Deliverables The Creator must deliver the content on or before the agreed deadline. The content must strictly match the campaign brief. The Creator cannot post the content on the wrong platform (e.g., posting a requested Instagram Reel to YouTube Shorts instead); doing so constitutes non-delivery. 3.2. Post Retention and Liquidated Damages Once the content is approved and published, the content must remain PUBLICLY ACCESSIBLE for a minimum of twelve (12) months after posting. Archiving or deleting the post before this period constitutes a material breach of contract. Upon such breach, the Platform and the Brand hold the legal right to recover 100% of the disbursed payment as Liquidated Damages under Section 74 of the Indian Contract Act, 1872.

4.1. Payment Mechanics Payment is released only after Brand approval or after the automatic release trigger (7 days on Performance and Guaranteed plan campaigns; 14 days on Standard plan campaigns). The Platform deducts its commission (12%–20% of the campaign budget, per the plan the Brand selected) automatically. Payments are made directly to the bank account or UPI ID provided; no cash payments are permitted. 4.2. Tax Deducted at Source (TDS) Under Section 194-O of the Income Tax Act, 1961, the Platform acts as an E-commerce Operator. • The Creator consents to the Platform collecting PAN details. • If the Creator provides a valid PAN, the Platform will deduct 0.1% TDS on the gross payout once aggregate platform earnings exceed ₹5,00,000 in a financial year. • If the Creator fails to provide a PAN, the Platform is legally mandated to deduct TDS at a punitive rate of 5% from the very first rupee earned. • The Creator remains responsible for filing their own Income Tax Returns (ITR). 4.3. Revision Policy The Brand can request a maximum of two (2) revisions. After two revisions, the Brand must either approve the content or initiate a formal dispute. Revision requests must include specific, actionable feedback. The Creator has 48 hours to resubmit.

5.1. Exclusivity During an active campaign, the Creator cannot promote direct competitors of the Brand (defined as a brand operating in the exact same product category targeting the same market). Violation results in immediate termination and the return of any advance payments. 5.2. Non-Circumvention For twelve (12) months after being introduced to a Brand through the Platform, the Creator shall not accept direct off-platform payment from that Brand for influencer services. Off-platform deals carry none of the Platform's protections — no escrow, no guaranteed payment, no auto-release, and no dispute support — and a confirmed violation results in credit score forfeiture and account suspension. If a Brand proposes paying you directly, report it to support@gigahat.in; the Brand bears the contractual penalty, not you. 5.3. Morality Clause The Platform can terminate the agreement immediately if the Creator engages in illegal activity, makes racist, sexist, or communal statements, becomes involved in a scandal that damages the Brand's reputation, or creates content that violates any Indian law.

6.1. Withdrawal A Creator can withdraw from a campaign before content submission without financial penalty. No withdrawal is permitted after content is submitted or after payment is released. Repeated withdrawals will result in a permanent decrease in the Creator's credit score and account suspension. 6.2. Data Consent The Creator explicitly consents to the Platform collecting PAN and bank details for tax compliance, and consents to the public display of their profile and statistics. While the Creator can delete their account, tax and financial records will be retained for 7 years as mandated by law.