Terms and conditions

Purpose: These Terms and Conditions establish the guidelines for enforcing FTC endorsement regulations, securing content licenses, and setting forth penalties and claims for liquidated damages in the event of non-performance (No-show).
Article 1. (Purpose and Eligibility)
  1. These Terms and Conditions govern the rights and obligations between BLOOMKARE INC, a corporation organized and existing under the laws of the State of Delaware (hereinafter referred to as the "Company"), which operates the 'Inbound Seeding Marketing' platform Bloomkare (hereinafter referred to as the "Service"), and the creator utilizing the Service (hereinafter referred to as the "Member").
  2. (Definition) "Inbound Seeding Marketing" refers to a marketing method wherein Members voluntarily apply to participate in campaigns registered on the platform by the Company, followed by automated matching and reward issuance through the system.
  3. As this Service involves legal contracts and the physical fulfillment of goods, eligibility to register and use the Service is strictly limited to adults aged 18 or older residing in the United States.
  4. To utilize this Service, the Member must mandatorily link their active TikTok account via OAuth.
  5. In compliance with the United States Internal Revenue Service (IRS) regulations, Members who receive a value of $600 USD or more annually (via points, rewards, etc.) through the platform must provide necessary tax information, such as an IRS Form W-9, upon the Company's request. Failure or refusal to provide such information may result in the Company withholding further reward issuance or restricting account access in accordance with applicable laws.
Article 2. (Campaign Application, Fulfillment, and Prohibition of Resale)
  1. The Member must provide accurate delivery information upon applying for a campaign. The Member shall bear sole responsibility for any loss of products resulting from incorrect information.
  2. Seeding products provided to the Member shall not be transferred to third parties or resold for commercial purposes (including, but not limited to, online/offline secondary markets such as eBay or Poshmark). Any violation discovered shall result in an immediate permanent ban of the account and claims for legal damages.
Article 3. (Content Creation, API Verification, and FTC Compliance)
  1. [Creation and Submission] Upon delivery of the product, the Member must upload content to TikTok that complies with the guidelines and submit the URL within the designated deadline. (The pre-approval process for drafts is waived.)
  2. [Automated Verification] The submitted URL will undergo an initial automated verification via the platform's system to check for the inclusion of 'Mandatory Hashtags.' If omitted, the submission will be automatically rejected, and the Member must amend the caption and resubmit within the deadline.
  3. [FTC Indemnification] The Member shall strictly adhere to the United States Federal Trade Commission (FTC) Endorsement Guides by clearly displaying mandatory hashtags. The Member agrees to fully indemnify and hold the Company harmless against any and all legal liabilities arising from a violation thereof.
  4. [Non-Exclusivity] These Terms do not impose exclusivity on the Member regarding any specific brand.
  5. [Maintenance of Profile Purchase Link] The Member must mandatorily maintain the 'Product Link' provided by the Company in their social media profile link (e.g., Linktree, Bio) for a minimum of thirty (30) days from the upload of the designated content. Premature removal of the link may result in the cancellation of quest achievements and points awarded.
Article 4. (Intellectual Property, Retention Period, and Confidentiality)
  1. [Copyright and License] The original copyright of the created content remains with the Member. However, upon submitting the URL, the Member grants the Company and the sponsoring brand a worldwide, royalty-free, perpetual license to freely utilize the video for marketing purposes (including reposting, paid advertisements, etc.).
  2. [Retention Obligation] The uploaded content must remain public (Live) for at least ninety (90) days following the platform's approval. Arbitrary deletion may result in the clawback of rewards.
  3. [Confidentiality] The Member shall not disclose to any third party any confidential information obtained during the campaign, including the brand's product information, PR strategies, and campaign plans.
  4. [Paid Ads and Secondary Usage Rights] By submitting the content URL to the platform, the Member agrees to grant the Company and the sponsoring brand secondary usage rights, free of charge, to activate TikTok Spark Ads codes using the content, or to utilize it for marketing purposes in paid ads on other social platforms (e.g., Meta) and commerce detail pages (e.g., Amazon).
  5. [Non-Circumvention] The Member shall not initiate direct commercial contact with brands or the Company matched through the Bloomkare platform outside of the platform, nor attempt separate transactions bypassing the platform. If the Member receives direct sponsorship or advertising proposals from a brand, they must immediately notify the Company. Any discovered violation of this non-circumvention clause may result in immediate account suspension and claims for legal damages.
Article 5. (Compensation and Platform Ecosystem)
  1. Members who successfully complete a campaign shall be awarded the designated Experience Points (EXP) and Points, which determine their Tier within the platform.
  2. Accumulated Points may be exchanged for goods in the Reward Store. Under no circumstances do the Points hold any cash value, nor shall they be redeemed for fiat currency.
Article 6. (Breach of Contract and No-show Penalties)
  1. If the Member fails to submit the content within the deadline after receiving the product or intentionally evades contact (No-show), the Company shall deem this a material breach of contract and reserves the right to claim Liquidated Damages up to one hundred (100) times the Manufacturer's Suggested Retail Price (MSRP) of the provided product.
  2. [Morals Clause and Reputation Protection] If, during the use of the platform, the Member is involved in criminal offenses or causes social controversy that is deemed to materially damage the reputation and brand value of the Company or the sponsoring brand, the Company may permanently ban the Member's account immediately without prior notice, claw back previously issued rewards, and claim damages commensurate with the severity of the incident.
  3. [Breach and Penalties] If the Member arbitrarily refuses to perform or absconds without justifiable cause after a campaign application is approved via the platform, the Company reserves the right to claim all direct and indirect damages from the Member, including logistics costs, marketing expenses, and loss of brand credibility.
Article 7. (Dispute Resolution and Miscellaneous)
  1. [Jurisdiction and Arbitration] These Terms and any dispute relating to the Service between the Member and the Company shall be governed by the Federal Arbitration Act (FAA) and the laws of the State of Delaware, without regard to conflict of law principles. All disputes shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) within the jurisdiction of Delaware, rather than in court.
  2. [Class Action Waiver] The Member explicitly agrees that they may not participate as a plaintiff or class member in any class action lawsuit under any circumstances.
  3. [Force Majeure and Severability] Non-performance due to force majeure events, such as natural disasters or pandemics, shall be excused. If any provision of these Terms is found to be invalid, the remaining provisions shall continue in full force and effect (Severability).
Article 8. (Service Interruption and Operational Authority)
  1. [Temporary Maintenance and Service Interruption] The Company reserves the sole discretion to temporarily suspend part or all of the Service without prior notice for routine/emergency maintenance, system updates, bug fixes, and security measures. The Company shall not bear any legal liability or financial compensation obligations if a Member misses a campaign deadline or experiences delays in acquiring rewards due to such system maintenance.
  2. [Absolute Authority in the Event of Operational Issues] In the event of material operational issues, including but not limited to unforeseen system errors, unauthorized access by third parties (e.g., hackers), abusive system exploitation, or unavoidable circumstances of partner brands, absolute authority for resolving the issue and normalizing the platform shall rest entirely with the Company (BLOOMKARE INC). The Company may take immediate actions it deems necessary, including the early termination of ongoing campaigns, cancellation of approvals, and the rollback (clawback) of EXP and Points erroneously issued due to system errors, and the Member agrees to such reasonable business decisions by the Company.
Article 9. (Special Provisions for Point and Heat Level Operations During Beta Service)
  1. [Allocation Criteria] 'Points' and 'Heat Levels' are calculated and awarded based on the Member's activity history and campaign participation records within the platform, according to internal criteria established by the Company.
  2. [Policy Changes During Beta Testing] The Bloomkare platform is currently operating in a beta testing (Open Beta) phase. While the Member's acquired activity history and campaign participation records remain safely preserved and will not be deleted, the calculation methods or allocation criteria for Points and Heat Levels may be arbitrarily changed or adjusted without prior notice for service balance and system stabilization.
  3. [Member's Consent] By registering for the platform service and agreeing to these Terms, the Member is deemed to have fully acknowledged the possibility of changes to the point and Heat Level calculation criteria during the beta testing period as specified above, and explicitly consents to the Company's authority to adjust such policies.