TrueWave
Legal
Last changed 2026-09-07
Version creator-agreement-2026-09-07-v2
Counsel review draft
This agreement is between Montauk Analytics Inc., a Delaware C-corporation operating TrueWave (Company), and the creator identified in the invitation (Creator). TrueWave runs campaigns for the brand client named in your offer. [COUNSEL] C0: This is a counsel-review draft; resolve the marked terms and country-specific requirements before using it as a final engagement.
The sign-up screen displays your approved rate and versioned terms. Your affirmative acceptance records the invited identity, acceptance time, proposal, rate snapshot and this document version. No separate e-signature workflow is assumed. The offer and its recorded engagement details must identify the Client, currency, fixed rate and pay basis, block size or slot quantity, contracted deliverables, counted platforms, cycle dates, performance schedule, payer and required payout rail. Do not accept an incomplete or incorrect offer; contact the TrueWave team to correct it first. [COUNSEL] C1: Confirm electronic assent, age of at least 18 and legal capacity, language accessibility and evidence requirements in your country. A TrueWave team onboarding action is not your acceptance.
A slot is an assigned content deliverable under the offer, with its script or brief, designated account/platforms, due date and required proof. A multi-platform posting counts according to the offer's counted-platform and duplication rules; it does not automatically multiply your fixed fee. Follow agreed brand and safety instructions, submit original usable content, supply post links/evidence and correct defects within the agreed review process. Tell the TrueWave team promptly if an assignment is unsafe, inaccurate, inaccessible or impossible to complete. Never fabricate evidence, buy fake views or present a paid endorsement as independent.
[COUNSEL] C2: Specify reasonable revision limits, review deadlines, acceptance criteria, minimum live period, approved takedown grounds, permitted delegation and treatment of late, partial, rejected or canceled slots in the offer. New requirements must not retroactively reduce pay for accepted work. No exclusivity or minimum future work is implied.
Your offer sets the fixed compensation and any per-slot performance component separately. The displayed rate identifies an amount, currency and the number of eligible deliverables it covers. Performance pay is calculated only under the accepted schedule, using that slot's eligible measured results, threshold/tier, measurement window and any cap stated before acceptance. An empty performance schedule creates no additional promised bonus. Your earnings statement must distinguish fixed pay, performance pay, justified adjustments, disclosed deductions and net payable. Client CPM billing is not a substitute for your accepted pay formula.
[COUNSEL] C3: Complete the due date, cycle, eligibility, proration, performance thresholds, correction/dispute process, FX rate source and fee allocation in the offer. A missing observation is not zero performance. Correct errors with an explained adjustment and preserve the original record. Earned, undisputed compensation must not depend on whether a Client later pays TrueWave; counsel must confirm this obligation and any lawful withholding conditions. Changes in rates, volume or performance rules require a new accepted proposal for future work. An in-term volume amendment keeps the agreed principal dates unless expressly amended; a renewal states its own dates.
Provide accurate payout instructions through the designated secure flow. Available arrangements can include Glide/Noah, SideShift, PayPal and bank transfer. A SideShift-sourced offer may require SideShift. A partner may require identity verification, payment eligibility information or account claiming before it can execute a payout; ask the TrueWave team for the applicable partner notice and terms. Incorrect details, verification issues and partner availability can delay execution; the reason and next step should be recorded. Do not send identity documents or tax forms in ordinary chat.
[COUNSEL] C4: Confirm rail availability and responsibilities, lawful KYC conditions, restricted-country handling and the resolution path for an unavailable rail. Neither this agreement nor partner onboarding proves TrueWave is a bank, licensed remitter or tax adviser. Accrued compensation is not forfeited merely because a rail fails.
[COUNSEL] C5: You are responsible for your own tax obligations except where law places reporting or withholding duties on the Company or payer. Supply applicable documentation through a secure process, potentially a US Form W-9 for an applicable US payee, an appropriate W-8 series form for an applicable foreign payee, or local documentation as determined by the payer's tax advisers. Do not infer a required form solely from nationality. Required lawful withholding must appear on the payment statement with supporting documentation; this clause does not decide tax residence or employee classification.
[COUNSEL] C6: For each original commissioned deliverable identified by the accepted offer and slot, you assign your transferable copyright in that deliverable to the named Client when the Company pays your earned compensation for it. Pending that payment you grant the Company and named Client a nonexclusive licence to review, publish and use the deliverable for the agreed campaign. Assignment includes only the deliverable and agreed reuse scope, not your unrelated work, personal accounts or identity. If assignment is legally ineffective, grant the Client an exclusive licence within the same agreed scope to the extent lawful; counsel must complete duration, territory, consideration and local formalities. The offer must expressly identify advertising, editing, translation, sublicensing and reuse rights and any limits. No unspecified perpetual use of your likeness is assumed.
[COUNSEL] C7: Disclose pre-existing work and third-party elements before delivery. Their owners keep title; obtain licences covering the Client's intended use and state restrictions, including platform music that may not be cleared for paid advertising or cross-posting. Give agreed permissions for your performance, voice and likeness only within the disclosed campaign scope. Obtain releases for other identifiable participants where required. Moral-rights consent or waiver applies only where lawful and expressly settled; no automatic worldwide waiver or work-made-for-hire status is claimed. You will reasonably assist with documenting the agreed rights, at the Company's expense for additional requested formalities.
Clearly identify your paid or other material relationship to the brand in each relevant endorsement, where viewers will see and understand it with the content. For US-facing endorsements, follow applicable FTC disclosure requirements, including clear placement and language; a profile-only disclosure or obscure hashtag may not suffice. Use platform disclosure tools as appropriate, without assuming they alone meet legal requirements. State honest experience and do not repeat claims you know are false or unsupported. Flag a script that asks you to imply an experience you did not have. These principles follow the FTC's influencer guidance.
[COUNSEL] C8: Specify localized disclosure wording, video/audio placement and applicable advertising rules for each market and content type. Confirm brand/Company monitoring, correction and escalation responsibilities; legal accountability cannot simply be shifted to the Creator. The Client must substantiate product claims.
[COUNSEL] C9: Protect nonpublic campaign briefs, unreleased content, commercial details and account access; use them only for the engagement and share only with authorized persons needing them. Public information without breach, independently created material and lawfully obtained information are excluded. Required legal disclosures are permitted with notice where lawful. Confirm duration and restrictions. The Privacy Policy explains identity, campaign and payment-data handling; agreement acceptance is not consent to unrestricted processing.
[COUNSEL] C10: The parties intend an independent service relationship, with the Creator controlling lawful working methods subject to agreed deliverables. Actual practices and local law determine worker status; this label does not waive employment, social-security or other mandatory protections. Confirm classification and local contract requirements in each engagement country. Neither party may make unauthorized commitments for the other or the Client.
[COUNSEL] C11: The engagement runs for the dates stated in the offer. Either party may end future work on 14 days' written notice, or immediately for serious unlawful conduct or an unremedied material breach after reasonable notice where practicable. Counsel must confirm the notice, cure and cancellation terms. Identify completed, accepted, partially completed and canceled slots and settle earned fixed and performance pay through the agreed final measurement window. A post-termination acknowledgment may document the outcome but is not a waiver or a condition for receiving undisputed earned pay. Vested content rights, lawful record retention, confidentiality and payment/dispute obligations survive as needed. Return access and nonpublic material subject to necessary evidence and lawful retention.
[COUNSEL] C12: Promptly raise rate, count, deduction or content-rights concerns through the TrueWave team or hello@truewave.live. The Company will review the offer and available evidence and explain corrections. Subject to mandatory law, Delaware law governs, with disputes in state courts in New Castle County, Delaware, or the United States District Court for the District of Delaware where federal jurisdiction exists. Preserve any mandatory local worker or consumer forum. No arbitration, blanket release or class waiver is imposed by this draft.
[COUNSEL] C13: Neither party is liable to the other for indirect or consequential loss to the extent lawful. Direct damages are capped at compensation paid or payable for the engagement in the preceding twelve months, excluding accrued pay, fraud, intentional wrongdoing and nonwaivable liability. Counsel must decide treatment of IP, confidentiality, personal injury and local employment protections. No creator indemnity is imposed until its scope and affordability are expressly agreed and reviewed.
[COUNSEL] C14: Your accepted offer's express terms control rates and campaign-specific scope, followed by this Creator Agreement and the Terms of Use. Neither a changed public rate card nor a new website version rewrites past acceptance. Material changes require a new recorded acceptance. Contact Montauk Analytics Inc. at hello@truewave.live; verify postal notice details before final publication.