Saily Creators Program Terms

Effective date: 2026-04-17

These Creators Program Terms (“Program Terms”) govern participation in the Saily Creators Program (the “Program”), a referral-based initiative enabling content creators and influencers (each, a “Creator”) to promote Saily services and earn commission based on successful referrals. “Creator” is used throughout these Program Terms as a descriptive label only and does not imply, and shall not be construed as creating, a legal partnership, joint venture, employment, agency, or any fiduciary relationship between Saily and the participant.

These Program Terms supplement and form an integral part of the Saily General Terms and Conditions for Marketing Activities (the “General Terms”). In the event of any conflict or inconsistency between the General Terms and these Program Terms, these Program Terms shall prevail with respect to the Program. All capitalized terms not defined herein shall have the meaning ascribed to them in the General Terms.

Program Scope and Territory
1. The Program is offered on a global basis. However, Saily reserves the right, at its sole discretion and at any time, to restrict, limit, or exclude the Program’s availability by reference to specific regions, countries, territories, languages, platforms, or any other grounds, without prior notice and without liability to any Creator or applicant.
2. Participation in the Program is void where prohibited or restricted by applicable law.
Enrollment and Eligibility
1. To participate in the Program, an applicant must:
  1. log into an existing Saily account or register a new Saily account;
  2. complete the Program application form, providing accurate and complete information, including, not limited to their promotional channel link, follower count, content language, etc.; and
  3. accept these Program Terms and the General Terms by submitting the form.
  Submission of the form constitutes the Creator’s binding acceptance of these Program Terms.
2. Upon successful submission, the Creator shall receive a unique referral code and access to a Program dashboard. An applicant may submit only one application per Saily account.
3. All applications are subject to review by Saily’s reputation and compliance team. Saily reserves the right, at its sole and absolute discretion, at any time following submission of the application form, and for any reason or no reason whatsoever, without any obligation to disclose the underlying grounds, to:
  1. reject the application;
  2. suspend the Creator’s participation in the Program; or
  3. terminate the Creator’s participation in the Program.
4. Applicants or Creators affected by such rejection, suspension, or termination shall not be entitled to any payout, compensation, or remedy, regardless of any Saily Credits accrued prior to such action.
Creator Obligations and Conduct
1. General conduct and disclosure. The Creator shall promote Saily services in a lawful, honest, and transparent manner, and in accordance with all applicable laws, regulations, advertising standards, and platform-specific guidelines. Without limiting the foregoing, the Creator shall clearly and conspicuously disclose the commercial and referral-based nature of their promotional content in accordance with all applicable disclosure requirements, including but not limited to FTC Endorsement Guides, EU, UK regional and national implementing legislation, any equivalent advertising disclosure, consumer protection, or influencer marketing laws applicable in the Creator’s jurisdiction or the jurisdiction of the targeted audience.
2. Brand and marketing guidelines. The Creator shall comply with Saily’s Trademark Guidelines, as updated from time to time. In particular, the Creator:
  1. shall not represent, describe, or hold themselves out as a “brand ambassador,” “official ambassador,” “official partner,” “spokesperson,” “representative,” “agent,” or any equivalent title suggesting an official, exclusive, or endorsed relationship with Saily;
  2. shall not use the Saily name, logo, trademarks, or branding in any manner inconsistent with the Saily Trademark Policy or in any way that could mislead the public regarding the nature of the Creator’s relationship with Saily;
  3. shall not register, acquire, or use any domain name, social media handle, username, or account name incorporating the Saily name, trademarks, or confusingly similar variants thereof; and
  4. shall clearly disclose the referral-based nature of their promotional content where required by applicable law or platform rules.
3. Content restrictions. The Creator shall not create, publish, distribute, or otherwise promote Saily in connection with, or through channels featuring, any content that is:
  1. sexually explicit, pornographic, or sexually suggestive;
  2. depicting or promoting child exploitation, abuse, or endangerment of minors in any form;
  3. racist, discriminatory, or promoting hatred, hostility, or violence against any individual or group on the basis of race, ethnicity, nationality, religion, gender, sexual orientation, gender identity, disability, or any other protected characteristic;
  4. promoting, glorifying, or inciting violence, terrorism, extremism, or self-harm;
  5. depicting or promoting illegal drugs, illegal weapons, or other unlawful goods or activities;
  6. harassing, bullying, threatening, or defamatory toward any individual or entity;
  7. infringing upon the intellectual property, privacy, publicity, or other rights of any third party;
  8. deceptive, fraudulent, or materially misleading;
  9. unlawful under the laws of the Creator’s jurisdiction, the jurisdiction of the targeted audience, or the jurisdiction of the applicable Saily contracting entity; or
  10. otherwise harmful, obscene, offensive, or inconsistent with Saily’s brand values, as determined by Saily in its sole discretion.
4. Prohibited activities. In addition to the content restrictions above, the Creator shall not engage in any of the following prohibited activities (each, together with any breach of Section 3.3, a “Prohibited Activity”):
  1. fraudulent, deceptive, or misleading promotional practices, including false claims regarding Saily services or pricing;
  2. self-referrals, referrals through accounts controlled by the Creator, or any form of incentivized self-conversion;
  3. use of bots, scripts, click farms, automated traffic generators, or any artificial means of inflating referrals, clicks, or conversions;
  4. tampering with, reverse-engineering, or manipulating the Program’s referral tracking mechanisms, cookies, or attribution systems;
  5. spamming, unsolicited bulk messaging, or promotion via channels that violate applicable anti-spam laws;
  6. impersonation of Saily, its employees, or any third party;
  7. bid on, purchase, or otherwise use any Saily trademarks, brand names, product names, domains, or confusingly similar variants (collectively, "Saily Keywords") as keywords, ad triggers, or in any other capacity in any form of paid digital advertising on any platform (including Google Ads, Bing, Meta, TikTok, YouTube, and any equivalent or successor platforms), or engage in SEO, keyword stuffing, cloaking, or any other practice intended to artificially elevate the Creator's content in search results for Saily Keywords or to divert traffic that would otherwise reach Saily's official channels;
  8. misrepresentation of the Creator’s identity, audience metrics, channel ownership, or content reach during the application or throughout participation;
  9. coordination with other Creators or third parties to manipulate the Program or circumvent its rules;
  10. any activity intended to exploit, abuse, or undermine the integrity of the Program, its referral tracking, or its payout mechanisms; or
  11. any other activity that Saily, in its sole discretion, determines to be contrary to the spirit or purpose of the Program.
5. Consequences of breach. In the event of any suspected or confirmed breach of the sections 3.1 - 3.4., Saily reserves the right, at its sole and absolute discretion, and without prior notice, to:
  1. immediately terminate the Creator’s participation in the Program;
  2. forfeit and remove any and all Saily Credits accrued in the Creator’s account, whether or not previously eligible for payout;
  3. withhold any pending commission payments;
  4. deactivate the Creator’s referral code; and
  5. delete the Creator’s Saily account.
6. Criminal conduct. Where the Prohibited Activity involves conduct that may constitute a criminal offense, Saily reserves the right to report such activity to the competent authorities, lodge a formal complaint for investigation, and pursue any and all legal remedies available to recover losses, damages, costs, and legal fees incurred as a result of the Creator’s conduct.
Intellectual Property and Content License
1. To the maximum extent permitted by applicable law, the Creator grants to Saily a perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, worldwide license to use any content, materials, posts, videos, images, text, or other creative works produced, published, or otherwise made available by the Creator in connection with the promotion of Saily services under the Program (collectively, the “Content”), without compensation, without any obligation to report on such use, and without any other restriction.
2. The rights granted under Section 4.1 include, without limitation:
  1. Reproduction - the right to reproduce the Content in any form, medium, or format, whether now known or hereafter developed;
  2. Distribution and communication to the public - the right to broadcast, publish, display, make available to the public over computer networks (including the internet and social media platforms), and otherwise distribute or (re)share the Content; and
  3. Adaptation and modification - the right to adapt, edit, translate, modify, or otherwise alter the Content, including the creation of derivative works based thereon.
3. The Creator warrants that they own or have secured all necessary rights, licenses, consents, and permissions in the Content, including any rights of third parties appearing in or contributing to the Content (such as performers, co-creators, or individuals whose likeness is featured), to grant the license set out in this Section 4 without infringing any third-party rights.
4. To the maximum extent permitted by applicable law, the Creator waives any and all moral rights in the Content in favor of Saily and its sub-licensees, or, where such waiver is not permitted, agrees not to assert such rights against Saily or its sub-licensees.
Saily Credits and Commission
1. Remuneration under the Program is based on a Saily Credit-based commission model. “Saily Credits” are an internal accounting unit used solely for the purpose of calculating the commission amount payable to the Creator. Saily Credits carry no independent monetary value, are non-transferable, non-redeemable in and of themselves, and do not constitute a stored value instrument, e-money, a financial product, or any form of currency.
2. The final commission payable to the Creator shall be calculated on the basis of Saily Credits accrued through successful referrals attributable to the Creator’s unique referral code, in accordance with the payout terms specified in the applicable Program documentation.
3. Payout conditions. Commission payouts are subject to the following conditions:
  1. Minimum threshold. A commission payout shall be processed only once the Creator has accrued Saily Credits equivalent to a minimum of USD 50 from successful referrals following their enrollment in the Program. Saily Credits or referrals accrued prior to enrollment in the Program shall not count toward this threshold. Where the Creator has not reached the minimum threshold by the applicable payout date, the accrued Saily Credits shall carry over to subsequent months and continue to accumulate until the threshold is met.
  2. Payout frequency. Commission payouts are processed automatically on the 15th day of each calendar month (or, where the 15th falls on a weekend or public holiday in the jurisdiction of the applicable Saily contracting entity, on the next following business day). Where the Creator's accrued Saily Credit balance equals or exceeds the minimum threshold set out in Section 5.3.1 as of the payout date, Saily shall initiate the corresponding commission payout without the need for any separate request from the Creator, subject to Sections 5.3.3 and 5.3.4 below.
  3. Suspension pending investigation. Where Saily suspects a breach of these Program Terms, Saily may postpone any pending payout and initiate an investigation. During such investigation, Saily may deactivate the Creator's account, referral code, or both. No payout shall be due or payable during the period of investigation, and the automatic payout under Section 5.3.2 shall be suspended until the investigation is concluded.
  4. Payout method. Commission payouts shall be executed only through the methods and channels specified within the Program and the Creator's account, and only where the Creator has timely provided all information required under these Program Terms, the application form, or otherwise reasonably requested by Saily. Where the required information is missing, incomplete, or inaccurate as of the payout date, Saily may defer the payout to the following monthly payout cycle without liability, and the Saily Credits shall remain in the Creator's account pending submission of the required information. Saily uses third-party payment service providers to execute transfers, which are subject to the terms and conditions of the applicable third-party payment provider.
4. Saily shall not be liable for any delays, failures, or errors in payout execution resulting from incomplete, inaccurate, or outdated information provided by the Creator.
Creator Data and Privacy
1. Personal Data Processing. In connection with your participation in the Creators Program, we process personal data you provide or that is generated through your participation, including contact data (e.g., email address), social media data (e.g., profile URL, follower count, language), payment data (e.g., IBAN), and performance-related data. This data is processed for the purposes of evaluating your eligibility, administering and managing the Program, communicating with you, tracking performance and compliance, and processing payments. The legal bases for processing are contract (Article 6(1)(b) of the GDPR), legal obligation (Article 6(1)(c) of the GDPR), where applicable, and legitimate interest (Article 6(1)(f) of the GDPR), including program administration and fraud prevention. We may share your data with payment service providers, IT providers, affiliated companies, and competent authorities where required by law. Your data is retained for the duration of your participation and thereafter as necessary for legal and operational purposes.
2. Information required for all payout transfers:
  1. Beneficiary full name;
  2. Beneficiary address (street, city, postal code).
3. Additional information, depending on the selected payout method:
  1. PayPal transfers: PayPal email;
  2. Bank transfer (SWIFT): IBAN, SWIFT/BIC code, bank name, and bank address;
  3. ACH transfers: routing number, bank account number, bank name, and bank address.
4. The Creator warrants that all information provided is accurate, current, and complete, and undertakes to promptly update such information in the event of any change.
Modification, Suspension, and Termination
1. Program-wide changes. Saily reserves the right, at its sole discretion and at any time, to unilaterally modify, amend, supplement, suspend, or terminate these Program Terms or the Program, in whole or in part, without prior individual notice to any Creator and without liability. Any such modification or amendment shall become effective and binding upon the Creator from the moment the updated Program Terms are made available through the Program interface, the Creator's Saily account, or any other channel through which the Program is operated, unless a later effective date is specified in the updated version. The Creator acknowledges and agrees that it is the Creator's sole responsibility to review these Program Terms periodically in order to remain informed of the current scope of their rights and obligations under the Program. The Creator's continued participation in the Program - including, without limitation, continued use of the referral code, accrual of Saily Credits, or acceptance of any commission payout - following the availability of any updated version of these Program Terms shall constitute the Creator's binding acceptance of such updated terms. Where the Creator does not agree with any modification or amendment, the Creator's sole and exclusive remedy shall be to cease participation in the Program.
2. Creator-specific action. Independently of any Program-wide change, Saily reserves the right, at its sole and absolute discretion, based on its own evaluation, and for any reason or no reason whatsoever, to suspend or terminate any individual Creator’s participation in the Program without prior notice and without liability.
3. Effect of termination. In the event of Program termination or Creator-specific termination, Saily shall, subject to Sections 2.3, 3.5, and 5.3, process commission payouts for eligible Creator’s payout requests accrued up to the date of termination, provided that the termination is not the result of any breach of these Program Terms, and that all applicable payout conditions have been met. Where termination results from Sections 3.1 - 3.4., Section 3.5 shall apply and no payout shall be due.
General
1. These Program Terms are supplementary to the General Terms. All matters not expressly addressed herein - including but not limited to governing law, dispute resolution, limitation of liability, intellectual property, and the determination of the contracting Saily entity - shall be governed by the General Terms.
2. Nothing in these Program Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between Saily and the Creator. The Creator participates in the Program as an independent contractor.
3. If any provision of these Program Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.