Collectives Creators Terms & Agreement v1.0
Effective: 21 September 2026
Between:
5 Element Flow LLC dba We Are Collectives, a company registered in the State of Wyoming, United States, with registered office at 30 N Gould St Suite 50466 Sheridan, WY 82801 (“We Are Collectives”, “we”, “us”, “our”)
and
The individual or entity participating in the Collectives Creators program (“Creator”, “you”, “your”)
1. Definitions
“Affiliate Link” means a unique tracking URL or discount code issued to the Creator for use in promoting Products.
“Attribution Window” means the period (typically 90 days, or as configured within Shopify Collabs) following a customer’s last click on an Affiliate Link, during which a resulting purchase is credited to the Creator.
“Brand Assets” means logos, trademarks, product images, photography, copy and other materials owned or licensed by We Are Collectives and made available to Creators.
“Commission” means the amount payable to the Creator for each Tracked Purchase, as calculated under Section 3.
“Gross Profit” refers to revenue remaining after product, fulfilment, and transaction-related costs, as determined by We Are Collectives.
“Products” means the goods offered for sale by We Are Collectives through its online store.
“Promotional Content” means any post, video, story, reel, livestream, article, image or other content created or published by the Creator which uses an Affiliate Link or discount code, references We Are Collectives or any Product, or is otherwise intended to promote We Are Collectives or its Products.
“Third-Party Content” means any music, audio, video footage, images, photography, fonts, voiceovers, written work or other material owned by or licensed to a person other than the Creator or We Are Collectives.
“Tracked Purchase” means a successfully completed and non-refunded purchase attributed to the Creator under Section 4.
2. The Program
The Collectives Creators program allows Creators to share and promote We Are Collectives products and earn Commission on Tracked Purchases.
By using an Affiliate Link, applying a Creator discount code or otherwise participating in the program, the Creator accepts these terms.
3. Commission
Commission is calculated as a percentage of the retail sale price of each Product.
We Are Collectives is designed around a target model in which approximately 50% of the Gross Profit is shared with creators. To implement this at scale, Shopify Collabs is configured to approximate this model using a percentage of the sale price.
Because product costs, shipping, discounts and other variables differ across transactions, the effective share of Gross Profit represented by Commission will vary and is not guaranteed to equal 50% on any individual sale. The Creator acknowledges this percentage reflects a percentage of the sale price and that the resulting share of Gross Profit will vary by transaction.
Commission applies only to Tracked Purchases which complete successfully and are not subsequently refunded, charged back, cancelled or otherwise reversed.
4. Tracking and Attribution
Sales are tracked through the Creator’s Affiliate Link or discount code via Shopify Collabs.
Tracking, attribution, and reporting are provided through Shopify Collabs and are subject to its platform limitations.
Last-click attribution applies. Where a customer interacts with multiple Affiliate Links before purchase, the most recent link click within the Attribution Window receives credit.
We Are Collectives is not responsible for sales which fail to track due to factors outside our reasonable control, including customer device changes, disabled cookies, ad blockers, browser privacy settings or customer behaviour.
Use of a Creator discount code may result in attribution where supported by Shopify Collabs.
5. Payment
Commission is paid in USD through Shopify Collabs, subject to its payment processing terms, minimum payout thresholds and payment schedule. The Creator is responsible for maintaining accurate payment details within their Shopify Collabs account.
Commission may be withheld or delayed where a purchase is subject to refund, chargeback or fraud review.
The Creator is responsible for all taxes payable on Commission earned, including federal, state and local income tax. We Are Collectives does not withhold tax on Creator payments.
Where required by applicable law, the Creator agrees to provide appropriate tax documentation (including IRS Form W-9 for US persons or W-8BEN for non-US persons) before payment is issued.
6. Creator Responsibilities
The Creator agrees to:
- Represent We Are Collectives honestly and in alignment with brand values
Disclose the affiliate relationship in any Promotional Content, in compliance with the FTC Endorsement Guides (16 CFR Part 255) for US Creators and equivalent advertising standards in other jurisdictions - Use only current product information, pricing and Brand Assets supplied by We Are Collectives
- Comply with all laws applicable to their promotional activity
- Ensure that all Promotional Content the Creator creates or publishes complies with the Third-Party Content rules in Section 8A below
7. Brand Asset Licence
We Are Collectives grants the Creator a non-exclusive, non-transferable, revocable licence to use Brand Assets solely for the purpose of promoting Products under this agreement. We Are Collectives warrants that it has the right to provide Brand Assets for that purpose.
The Creator may not:
- Modify Brand Assets in a way which misrepresents the brand
- Register any trademark, domain name or social media handle incorporating “We Are Collectives” or any We Are Collectives trademark
- Use Brand Assets for any purpose other than promotion of Products
- Continue to use Brand Assets after termination of this agreement
8. Prohibited Activities
The Creator may not:
- Run paid advertising bidding on We Are Collectives brand terms, trademarks, misspellings or domain names without prior written permission
- Misrepresent pricing, availability or product details
- Generate fake clicks, fraudulent traffic or self-referred purchases
- List Affiliate Links or discount codes on coupon, cashback or deal aggregator sites without prior written permission
- Promote Products alongside content which is illegal, hateful, defamatory, sexually explicit or otherwise reasonably objectionable
- Make medical, environmental or sustainability claims about Products beyond those authorised by We Are Collectives
8A. Third-Party Content and Music Licensing
8A.1 The Creator is solely responsible for ensuring that all Promotional Content has the necessary rights, licences, permissions and clearances for commercial use, including in respect of any Third-Party Content.
8A.2 The Creator acknowledges that music and audio libraries provided by social media platforms (including the general TikTok and Instagram music libraries) are typically licensed for personal, non-commercial use only and do not extend to Promotional Content. In all Promotional Content, the Creator must use only:
(a) audio from a designated commercial sound library, such as a platform business-account library;
(b) music or audio for which the Creator holds a valid commercial licence; or
(c) original audio created by the Creator.
8A.3 We Are Collectives may from time to time provide the Creator with historical footage, imagery, archival material or other content intended to support storytelling about community gardening and related themes (“Storytelling Assets”). The Creator acknowledges and agrees that:
(a) Storytelling Assets are provided on an “as is” basis. We Are Collectives believes in good faith that such materials are in the public domain, out of copyright or otherwise free to use, but does not warrant or guarantee their copyright status, accuracy or provenance;
(b) the Creator uses Storytelling Assets at their own risk and is solely responsible for any consequences of such use, including any third-party claim of infringement, inaccuracy or misattribution; and
(c) the Creator shall not present Storytelling Assets in a manner that makes claims of historical accuracy beyond those stated by We Are Collectives, or that attributes such materials to a specific source unless confirmed in writing by We Are Collectives.
8A.4 If We Are Collectives reasonably believes that any Promotional Content infringes Third-Party Content rights or contains an inaccuracy, We Are Collectives may require the Creator to remove, edit or take down that content immediately. The Creator agrees to comply with any such request without delay. Failure to comply may result in suspension or termination under Section 14, and forfeiture of unpaid Commission associated with the affected content.
8A.5 Nothing in this Section 8A limits the Creator’s indemnity obligations under Section 13, which apply to any breach of this Section.
8B. Creator Gifting
8B.1 We Are Collectives may, at its sole discretion, provide Creators with complimentary product items (“Gifted Products”) as part of the Collectives Creators program. Gifted Products are provided to support the Creator’s ability to authentically promote Products and are not provided as compensation or in exchange for guaranteed content.
8B.2 Gifted Products have no cash value and do not constitute wages, salary or any other form of taxable compensation from We Are Collectives to the Creator. The Creator is solely responsible for determining and satisfying any tax obligations arising from receipt of Gifted Products in their jurisdiction.
8B.3 The Creator must disclose the receipt of Gifted Products in any Promotional Content featuring those items, in accordance with Section 6 and applicable advertising standards.
8B.4 Gifted Products are provided in addition to any Commission earned and do not affect the Creator’s independent contractor status or the calculation of Commission under Section 3.
8C. Community and Charitable Allocations
8C.1 We Are Collectives may, from time to time, designate certain Products or product lines as carrying a community or charitable allocation (“Impact Allocation”), whereby a portion of We Are Collectives’ own margin from qualifying sales is directed to a named community partner, charitable organisation, or cause. Impact Allocations are made at We Are Collectives’ sole discretion and from its own margin only.
8C.2 Impact Allocations do not affect the retail price paid by customers, the Commission payable to Creators, or any other term of this agreement. Creators promoting Products that carry an Impact Allocation will earn Commission on the same basis as any other Product under Section 3.
8C.3 Where Impact Allocations exist, We Are Collectives will publish relevant details — including the identity of community partners and the applicable allocation — on its public website and in Creator Hub materials. Creators may reference this published information when creating Promotional Content but must not represent specific allocation amounts, percentages, or the terms of any partner relationship beyond what We Are Collectives has expressly stated in its current published materials.
8C.4 We Are Collectives reserves the right to introduce, modify, suspend, or discontinue any Impact Allocation or community partnership at any time. Changes will be reflected in updated website and Creator Hub materials. Creators are responsible for ensuring that any references to Impact Allocations in their Promotional Content remain consistent with current published information.
9. Intellectual Property in Creator Content
The Creator retains ownership of original content they create to promote Products.
By creating and publishing such content, the Creator grants We Are Collectives a non-exclusive, royalty-free, worldwide licence to repost, share and reuse that content across We Are Collectives marketing channels, with appropriate credit where reasonable.
The Creator warrants that any Promotional Content shared with or licensed to We Are Collectives under this section is either original to the Creator or properly licensed for such use, and does not infringe the rights of any third party. The licence granted to We Are Collectives in this section does not transfer to We Are Collectives any responsibility for clearing Third-Party Content used by the Creator.
10. No Income Guarantee
Participation in the program does not guarantee earnings. Commission depends on the Creator’s own activity, customer behaviour and factors outside We Are Collectives’ control.
11. Independent Relationship
The Creator participates as an independent contractor. Nothing in this agreement creates an employment relationship, partnership, joint venture or agency between the Creator and We Are Collectives.
The Creator has no authority to bind We Are Collectives, enter contracts on its behalf or speak as its representative.
12. Limitation of Liability
To the maximum extent permitted by law, We Are Collectives’ total liability to the Creator under this agreement is limited to the total Commission paid to the Creator in the 12 months preceding the claim.
We Are Collectives is not liable for indirect, consequential, incidental or special damages, including lost profits or lost opportunity.
We Are Collectives is not liable for any inaccuracies, omissions, or outdated information contained in Brand Assets, Storytelling Assets, or other supplementary content provided to the Creator, and the Creator is responsible for exercising reasonable judgment in how such materials are used.
Nothing in this clause limits liability for fraud, gross negligence or any liability which cannot be excluded by law.
13. Indemnity
The Creator indemnifies We Are Collectives against any loss, claim or expense (including reasonable legal fees, settlement amounts, statutory damages and costs of takedown or remediation) arising from the Creator’s breach of this agreement, content created by the Creator which infringes third-party rights or breaches applicable law, or failure by the Creator to disclose the affiliate relationship as required.
This indemnity expressly includes, without limitation, any claim, demand or action brought by a music rights holder, record label, publisher, performing rights organisation, image rights holder, stock content provider or other third party in connection with Third-Party Content used by the Creator in Promotional Content without proper commercial licensing.
14. Termination
We Are Collectives may suspend or terminate the Creator’s participation at any time, including in cases of misuse, inactivity, or misalignment with program expectations.
The Creator may stop participating at any time by ceasing use of their Affiliate Link and discount code.
We Are Collectives may withhold Commission related to fraudulent activity, breach of this agreement or activity reasonably suspected of either.
We Are Collectives may also, at any time and at its sole discretion, require the Creator to remove, edit or take down any Promotional Content. The Creator agrees to comply promptly with any such request. This right is in addition to, and not in place of, any other rights We Are Collectives has under this agreement.
15. Changes to the Program
We Are Collectives may update Commission rates, program structure or these terms at any time.
Material changes including changes to Commission structure, payout terms, or attribution rules will be communicated to the Creator via email or through Shopify Collabs.
Non-material changes including clarifications, formatting updates, or minor adjustments may be made without prior notice.
The current version of these terms will be available on the We Are Collectives website and will include a “Last Updated” date.
Material changes will take effect 30 days after notification to the Creator by email. A Creator who does not wish to accept revised terms may terminate participation by notifying We Are Collectives at creators@wearecollectives.com before the effective date. Continued participation in the program after the effective date constitutes acceptance of the revised terms.
We Are Collectives will maintain a version history of these terms. Each published version will carry a version number and effective date. The version in force at the time of a Creator’s signup is the version to which they agreed.
16. Governing Law
This agreement is governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising under it.
17. Severability
If any provision of this agreement is held to be unenforceable, the remaining provisions remain in full force.
18. Entire Agreement
This agreement constitutes the entire agreement between the parties in respect of the Collectives Creators program and supersedes any prior understandings or representations.