Creator Terms & Conditions — Sweet James Affiliate Program Sweet James Affiliate Program | Creator Resources
DRAFT — PENDING LEGAL REVIEW — NOT YET PUBLIC. This page is not publicly accessible. Content subject to change pending GC approval.

SWEET JAMES AFFILIATE PROGRAM — CREATOR TERMS & CONDITIONS

Version 1.0 — For Legal Review — Not Yet Public

Sweet James Affiliate Program Creator Terms and Conditions
Powered by LaunchPreneur, Inc. d/b/a ViralBrand
Version 1.0 — Draft for Legal Review
Effective Date: [TO BE INSERTED]

Preamble

These Sweet James Affiliate Program Creator Terms and Conditions (these "Program Terms") govern your participation in the Sweet James Affiliate Program (the "Program"), a creator-affiliate program for Sweet James Accident Attorneys.

The Program is operated by LaunchPreneur, Inc., a Delaware corporation doing business as ViralBrand and as The McCord List (collectively, "ViralBrand") on behalf of Sweet James Accident Attorneys ("Sweet James" or the "Client"). ViralBrand operates the affiliate networks for Sweet James and other contracted Clients; these Program Terms are the agreement between you, ViralBrand, and Sweet James for your participation in the Sweet James Program.

These Program Terms incorporate by reference the ViralBrand Creator Collaboration Terms and Conditions, located at viralbrand.com/influencertermsandconditions (the "Master Terms"). The Master Terms govern your overall relationship with ViralBrand across all campaigns. These Program Terms add Sweet James-specific provisions. Where these Program Terms conflict with the Master Terms, these Program Terms control for Sweet James campaigns only.

By submitting an application through the Sweet James Affiliate Program portal at sweetjamesaffiliates.com, affirmatively clicking the checkbox acknowledgment, or otherwise participating in any campaign within the Sweet James Program, you agree to be bound by these Program Terms and the Master Terms together.

IMPORTANT — THESE TERMS CHANGE. ViralBrand and Sweet James may update these Program Terms and the Master Terms from time to time to reflect changes in law, platform policy, or program structure. The current versions are always posted at sweetjamesaffiliates.com/creator-terms-and-conditions and viralbrand.com/influencertermsandconditions. It is your responsibility to review the current versions before participating in each campaign. Participation after a change constitutes acceptance of the updated Terms.

1. The Program

1.1 What the Sweet James Affiliate Program Is

The Sweet James Affiliate Program connects creators with paid and organic collaboration opportunities for Sweet James Accident Attorneys. Sweet James is one of the most recognized personal injury law firms in the country, licensed and serving California, Arizona, and Georgia.

The Program operates across four engines:

  • Engine 1 — Grassroots Mobilization. Sweet James-funded outreach to identified creator-affiliates and community influencers across the firm's served metros.
  • Engine 2 — Organic Collaborations. Product, swag, and experiential collaborations (no cash compensation).
  • Engine 3 — Paid Partnerships. Cash-fee paid creator collaborations per ViralBrand's published rate card.
  • Engine 4 — Amplification. Paid media and whitelisting of high-performing creator content.

The specific engine(s) and creative format(s) applicable to your participation will be identified in the campaign brief you receive when invited to a campaign.

1.2 Multi-Party Structure

These Program Terms create a direct legal relationship between you and three parties:

  • ViralBrand, who operates the Program and contracts with you;
  • Sweet James, the Client whose campaigns you will participate in; and
  • Each successor or affiliate of either of the above as those entities may direct.
This agreement extends to and binds you in favor of Sweet James as if you had signed an affiliate agreement directly with Sweet James. Sweet James may directly enforce these Program Terms in its own name to the same extent as ViralBrand. You are not required to sign a separate affiliate or collaboration agreement with Sweet James; these Program Terms (together with the Master Terms and the applicable campaign brief) constitute your full agreement with both ViralBrand and Sweet James.

1.3 Eligibility

You may participate in the Program if:

  • You are at least 18 years old (or, if your account is operated by a parent or legal guardian, the parent or legal guardian accepts these Terms on your behalf and assumes all obligations);
  • You operate a social media presence with authentic followers (no purchased followers, no bot inflation, no engagement manipulation);
  • You are located in or substantially active in California, Arizona, or Georgia (or a market that Sweet James currently serves);
  • You comply with all applicable platform terms of service for the platforms on which you will post; and
  • You have read and agree to these Program Terms and the Master Terms.

1.4 Application and Acceptance

Submission of an application via the sweetjamesaffiliates.com portal does not guarantee acceptance into the Program. ViralBrand and Sweet James reserve the right to accept or decline any application at their discretion. Acceptance is communicated by written invitation to a specific campaign.

2. Independent Contractor Status

You are an independent contractor. You are not an employee, partner, joint venturer, or agent of ViralBrand or Sweet James. Nothing in these Program Terms creates an employment relationship. You have no authority to make any representation, warranty, contract, or commitment on behalf of ViralBrand or Sweet James. You are responsible for all taxes on compensation received and for compliance with self-employment tax obligations in your jurisdiction.

Statements you make about Sweet James in connection with the Program are your own and not those of ViralBrand or Sweet James. Sweet James does not warrant your behavior; you do not warrant Sweet James's behavior.

3. Attorney Advertising Compliance

The Program is governed by attorney advertising rules in California, Arizona, and Georgia, as well as by FTC endorsement rules and the published terms of each platform on which you post. You agree to comply with all applicable rules as set forth in these Program Terms, the Master Terms (including Annex C — Attorney Advertising), and any campaign brief.

3.1 Permitted Language

You may use warm, in-character language to recommend Sweet James, including (but not limited to):

  • "Sweet James is great / awesome / hilarious / so fun"
  • "These guys are the real deal"
  • "If you ever need help after an accident, check them out"
  • "Sweet James is here when you need them"
  • "Free consultation, no obligation, no pressure"
  • Personal reactions: "loved this," "this made me laugh," "this is everything"

3.2 Prohibited Language

You may not use the following language or any substantially similar language in any post, caption, comment, reply, DM, or other public communication about Sweet James:

  • Outcome claims: "guaranteed," "we'll win," "you'll get a settlement," "immediate settlement," "quick cash," any specific dollar promise, any specific case outcome.
  • Credentialing claims: "best," "#1," "top-rated," "specialist," "expert," "award-winning," unless backed by specific verifiable certification and accompanied by required disclosure.
  • Substitute for "specialist": Where you want to convey that Sweet James focuses on this work, use "Accident and injury cases are all they do" rather than "specialist" or "expert."
  • Fee language: Do not use "no fee unless we win," "no cost unless we win," or substantially similar fee-claim language in any creator post. Such fee language triggers state-specific verbatim disclaimer requirements (particularly in Georgia) and must be handled on Sweet James's audience-facing landing page.
  • Results tagline language: Sweet James-branded taglines containing "results" language (including "Real Lawyers Real Results") may not be used in your creator content unless the post also displays the inline prior-results disclaimer: "Prior results do not guarantee a similar outcome. Every case is unique."
  • Solicitation-triggering language: No urgency language ("the window to act is short"), no targeting language for recently-injured individuals, no specific recent incident references.
  • Legal advice: Do not provide legal advice in posts, comments, replies, or DMs. If a follower asks a legal question, redirect them to Sweet James (sweetjames.com or phone). You are not the lawyer.

3.3 30-Day Cooling-Off Rule

You will not, in connection with the Sweet James Program, send a direct message, comment-reply, or other direct outreach to any individual known or reasonably believed to have been injured, or to family members of any deceased individual, within thirty (30) days of a known injury or wrongful death.

Campaigns tied to a specific recent incident, accident, or event require advance written approval from Sweet James's General Counsel and will not run during the 30-day cooling-off window in any case.

3.4 Dramatization Disclosure

If your content depicts an accident, injury, or legal scenario in any dramatized or reenacted form, the following disclosure must appear visibly within the content:

"Dramatization. Not an actual client or case."
This applies even if the dramatization is comedic.

3.5 Identification and Soft CTA

Each post must:

  • Reference Sweet James by name — either "Sweet James Accident Attorneys" (formal firm name) or via the handle @sweetjameslaw (CA, AZ) or @sweetjamesgeorgia (GA);
  • Include a soft call-to-action directing your audience to a Sweet James landing page — sample language: "If you or someone you know needs help after an accident, sweetjames.com."

4. FTC Disclosure

Every post you create under the Sweet James Program is a paid or compensated promotion subject to FTC endorsement rules. You agree to comply with the requirements set forth in Section 6 of the Master Terms, and specifically:

  • #ad or #partner must appear at the top of the caption, above any "…more" truncation;
  • The disclosure must be in the same language as the post;
  • For video content, the disclosure must be visible within the video frame (text overlay, verbal mention, or both) for at least three (3) seconds;
  • Platform tools (Instagram's Paid Partnership label, TikTok's Branded Content disclosure, YouTube's paid promotion checkbox) are useful but do not by themselves satisfy your disclosure obligation. Written hashtag disclosure remains required.
Vague terms (e.g., #thanks, #partner-loving, #collab, #sp alone) do not satisfy the FTC requirement.

5. Content License

By submitting any content created or contributed for the Sweet James Program, you grant ViralBrand and Sweet James the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, edit, adapt, modify, translate, distribute, publicly perform, publicly display, and create derivative works of the content, as set forth in Section 4 of the Master Terms.

This license survives termination of these Program Terms or your participation in the Program. ViralBrand and Sweet James may continue to use any content already created under the Program in perpetuity, in any medium now known or hereafter developed, without further notice to you and without additional compensation. The compensation paid for any campaign reflects this perpetual grant.

You retain ownership of your underlying creative work. You are licensing the use of it, not selling it.

6. Compensation

6.1 Structure

Compensation, if any, is specified in the campaign brief and aligns with ViralBrand's published rate card at viralbrand.com/pricing. Compensation may take the form of:

  • Cash payment per the rate card for paid partnerships (Engine 3);
  • Product, swag, or experiential gifts for organic collaborations (Engine 2);
  • A combination, as specified in the brief.

6.2 Performance and Tier Elevation

ViralBrand and Sweet James track creator performance across campaigns. High-performing creators may be invited to higher-tier campaigns at higher rate-card rates in subsequent months. This is the ambassador framework — past performance informs future rate, not retroactive bonus.

ViralBrand cannot pay creators performance bonuses tied to leads, calls, cases, or settlements. Per attorney advertising rules in California, Arizona, and Georgia, compensation that is tied to outcomes would convert creators into improperly-compensated solicitors. This is a structural compliance requirement, not a business choice. You will not be offered, and may not accept, any compensation arrangement that pays per-lead, per-call, per-case, per-sale, or per-conversion in the Sweet James Program.

6.3 Payment Terms

Cash compensation is paid net 30 days from successful publication and approval of your post. Payment is by ACH, wire, or platform payout per Master Terms Section 11. U.S. creators must submit a current Form W-9 before payment; non-U.S. creators must submit a current Form W-8BEN or W-8BEN-E.

6.4 Gifting

Gifting (product, swag, experientials) provided to you in connection with the Program is part of your compensation for the collaboration. You may receive an IRS Form 1099-NEC or Form 1099-MISC reflecting the fair market value of gifts and any cash compensation paid, in accordance with applicable tax reporting requirements. You are responsible for reporting all compensation (cash and in-kind) as income on your own tax returns.

7. Pre-Publication Approval

Every post you create for the Sweet James Program must be submitted through the Creator Review Portal at sweetjamesaffiliates.com for pre-publication review and approval by ViralBrand and Sweet James before going live.

  • Standard review SLA: ~48–72 business hours.
  • Review may result in approval, requested edits, or decline.
  • Posts that go live without approval ("Rogue Posting") trigger the consequences set forth in Master Terms Section 9, including takedown demands, compensation forfeiture, and potential termination from the Program.

You acknowledge that the pre-publication review process is a material element of the Program and the regulatory framework that makes Sweet James's participation possible. Compliance is not optional.

8. Takedown and Content Removal

You agree to remove, edit, or modify any post within:

  • 48 hours of a written request from ViralBrand, Sweet James, or a platform;
  • 2 hours where reasonably possible and in any event as quickly as practicable when the request is based on a regulatory, compliance, legal, or platform-safety concern.

ViralBrand and Sweet James reserve the right to demand takedown at any time, with or without cause. Compensation already earned for a removed post will not be clawed back unless the removal was caused by your breach.

9. Record Retention

You will retain copies of all content created for the Program (drafts, final published versions) and all campaign-related communications for the longer of two (2) years or the period required by applicable state bar rules. Currently the applicable retention period is two (2) years in CA, AZ, and GA.

10. Confidentiality

You agree to keep the following strictly confidential and not to disclose to any third party (other than your legal, tax, or financial advisors bound by confidentiality obligations):

  • Campaign rates, compensation amounts, and payment terms;
  • Creative briefs, draft creative, and pre-publication content;
  • Sweet James's strategy, plans, or non-public information;
  • The identity of other creators participating in any Program campaign; and
  • Any other information designated as confidential.

Confidentiality obligations survive termination of these Terms for two (2) years; trade secrets remain confidential indefinitely.

11. Termination

Either party may terminate your participation in the Program at any time, with or without cause, by written notice. The full termination provisions in Master Terms Section 14 apply. Sections relating to content license (Section 5 of these Program Terms and Section 4 of the Master Terms), confidentiality, record retention, indemnification, and limitation of liability survive termination.

12. Modification of These Terms

ViralBrand and Sweet James may update these Program Terms from time to time. Updated Terms will be posted at sweetjamesaffiliates.com/creator-terms-and-conditions. It is your responsibility to review the current version before participating in each campaign. Continued participation after a change constitutes acceptance of the updated Terms.

Where a change materially expands your obligations or materially reduces your rights, ViralBrand will use reasonable efforts to notify active creators by email or platform notice.

13. Governing Law and Dispute Resolution

These Program Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The dispute resolution, mandatory arbitration, and class action waiver provisions in Section 16 of the Master Terms apply to these Program Terms in their entirety, including the 30-day opt-out right.

14. Acknowledgment by Checkbox

At sign-up via the sweetjamesaffiliates.com portal and at the point of participation in each campaign, you are presented with an affirmative checkbox acknowledgment in substantially the following form:

Your check of that box (or any equivalent affirmative acceptance mechanism implemented by ViralBrand) constitutes your binding agreement to these Program Terms and the Master Terms.

15. Contact

For questions about these Program Terms:
Sherry — ViralBrand Influencer Relations
[email protected]

For master ViralBrand legal questions:
[email protected]

Current version of these Program Terms:
sweetjamesaffiliates.com/creator-terms-and-conditions

Current version of the Master Terms:
viralbrand.com/influencertermsandconditions

16. Legal Entity Statement

LaunchPreneur, Inc. is a corporation organized and existing under the laws of the State of Delaware. LaunchPreneur, Inc. conducts business under the trade names "ViralBrand" and "The McCord List" and operates in the States of Nevada and California. LaunchPreneur, Inc. d/b/a ViralBrand operates creator-affiliate networks on behalf of contracted Clients, including Sweet James Accident Attorneys. These Program Terms are entered into by LaunchPreneur, Inc. as the contracting party, on its own behalf and on behalf of Sweet James as Client.