Terms & Conditions for Brands
Last updated: February 7, 2026
Definitions
- Brand / Client: Any legal entity, business, company, agency, organization, or professional that publishes campaigns or contracts services through Next Level UGC / Next Level VOP ("Next Level").
- Platform: Websites, forms, dashboards, proprietary or third-party tools managed by Next Level for campaign management.
- Campaign / Wave: Defined period and scope for a specific activation, batch, or project (e.g., UGC wave, Full Next Level, PDP/e-commerce video, etc.).
- Deliverable: Content piece (video, photo, script, caption, or other agreed material) produced within the framework of a Campaign.
- Add-ons: Additional services and/or extended licenses (e.g., term extensions, territories, whitelisting, PDP usage, TV, OOH, etc.).
- Creators: Content creators, users, talent, or independent contractors participating in campaigns managed by Next Level.
- Precedence: If the Brand and Next Level have entered into a Master Services Agreement (MSA) and/or one or more Statements of Work/Work Addenda, those documents shall prevail over these Terms in case of discrepancy. These Terms apply as a supplementary general framework.
1. Brand Registration and Eligibility
1.1. Only companies, agencies, or professionals with legal capacity to contract may register and engage services.
1.2. The Brand must provide truthful, complete, and up-to-date information about its company, legal representative, and contact details.
1.3. Next Level may request at any time:
Unjustified refusal to provide this information may result in account suspension, campaign cancellation, and/or inability to contract services.
- Registration documents (bylaws, minutes, etc.)
- Tax receipts
- Billing and payment information
- Contact details and identity verification of responsible persons
2. Campaign Creation
Each campaign must include objectives, requirements, deadlines, and delivery conditions. The Brand is responsible for the accuracy of descriptions, images, and published conditions. After the campaign request is submitted, a validation process will take place and, if necessary, alignment meetings to define and refine requirements, needs, and timelines. Once agreed upon, these terms will be binding for campaign execution.
2.1. It is prohibited to request illicit, misleading, or infringing content through the Platform that violates:
2.2. Responsibility for claims and regulatory compliance.
The Brand is solely responsible for the truthfulness and legality of:
Next Level does not act as a legal or regulatory advisor to the Brand. The Brand shall indemnify Next Level and Creators against claims arising from claims, descriptions, or instructions provided by the Brand.
- Applicable law in any country where the content will be used
- Third-party copyrights or trademarks
- Consumer protection regulations
- Platform policies (Meta, TikTok, YouTube, Amazon, etc.)
- Product claims (benefits, properties, results)
- Disclaimers, warnings, and legal texts
- Regulatory guidelines by country (e.g., cosmetics, health, financial, food, etc.)
3. Creator Selection and Communication
Creator selection will be carried out within the timelines established in conjunction with the Next Level team, always striving to meet planned deadlines. However, each campaign has unique characteristics that may affect these timelines, such as incentive type and value, complexity, brand recognition, commitments requested from Creators, number of available slots, and other logistical or operational factors. Consequently, timelines may be reasonably adjusted based on these variables.
3.1. Next Level reserves the right to approve or reject Creator applications based on its own quality criteria, Brand consistency, and compliance with Creator Terms.
3.2. Once Deliverables have been produced and delivered:
Once selected, the Brand assumes a binding commitment to accept the content as long as it complies with the defined guidelines. Communication with creators must be conducted exclusively through Next Level's authorized channels, avoiding requests made outside the platform that circumvent the terms. Applicable during the campaign and for at least six (6) months thereafter.
It is expressly prohibited to:
- The Brand commits to reviewing and approving/rejecting within the agreed timelines
- Silence after the mentioned period may be considered tacit approval for calendar purposes, when so agreed
- Contact Creators to engage similar services outside of Next Level ("bypass")
- Negotiate discounts, additional services, or parallel agreements without Next Level's involvement
4. Payment Obligations
Any campaign offering monetary or in-kind compensation to Creators must have the corresponding funds fully available and transferred to Next Level before launch. These funds will be held by Next Level and released to Creators only after content or service delivery has been validated as stipulated in the campaign.
Additionally, the Brand shall pay Next Level a non-refundable initial payment equivalent to a percentage of the management fee, as defined in the commercial proposal, along with the total funds allocated to Creators, as a prerequisite to begin recruitment, communication, and campaign management tasks. The remaining percentage of the management fee shall be paid upon delivery of final reports or campaign closure.
In case of early cancellation by the Brand, Next Level will retain the amounts necessary to cover costs and resources invested up to the time of cancellation, without prejudice to other claims that may apply.
Prices do not include taxes; local taxes are the Brand's responsibility. Bank commissions or payment gateway fees may be considered collection costs.
Payment delays:
In case of cancellation before the end of the Campaign:
- Will entitle Next Level to suspend or delay deliveries without this constituting a breach
- May generate late payment interest and administrative fees, as agreed
- Authorize Next Level to withhold funds allocated to Creators until the Brand's obligations are met
- Next Level will retain sufficient amounts to cover costs, non-refundable fees, work hours, and commitments already acquired with Creators
- The Brand will remain obligated to pay amounts corresponding to services already rendered or firm commitments acquired (e.g., already confirmed Creators, already produced content, etc.)
5. Content Usage and Licensing
5.1. The Brand receives, by default, a non-exclusive license, limited in time and scope, to use the content generated within the campaign framework for a period of three (3) months from delivery, only on its official digital channels and in the markets/territories specified in the campaign.
5.2. Extensions and Add-ons.
Any use exceeding the standard license will require the purchase of an additional license and payment of the corresponding fee through Next Level, including but not limited to:
5.3. Usage Prohibitions.
Unless otherwise agreed in writing:
5.4. Out-of-License Usage.
Any use of content that does not comply with the licensed terms will be considered out-of-license usage and will result in, without prejudice to other actions:
Next Level reserves the right to claim additional damages if any (e.g., in response to Creator or third-party claims).
- Term extension (e.g., 3 β 6 β 12 months or more)
- Use in additional territories (other countries or regions)
- Use in new channels (TV, DOOH, cinema, radio, print, offline retail, etc.)
- Whitelisting / paid media from Creator profiles
- PDP/e-commerce usage exceeding the standard term
- Sublicenses to third parties (distributors, retailers, partners)
- Use of content outside the licensed term, territory, or channels is not permitted
- Editing content in a way that alters the meaning, message, or approved claims is not permitted
- Sublicensing content to third parties not covered by the license is not permitted
- The obligation to pay the corresponding retroactive license fee according to the current rate schedule
- An additional penalty of between fifty percent (50%) and one hundred percent (100%) of the applicable license fee, at Next Level's reasonable discretion, depending on the severity and extent of misuse
6. Specific Prohibitions for Brands
It is expressly prohibited to:
- Contact Creators outside the Platform in order to avoid paying fees, commissions, or Next Level's intermediation
- Unilaterally modify the requirements, deadlines, or conditions of a campaign once started, except by prior written agreement with Next Level
- Request deliverables or additional activities not included in the campaign without adequate compensation and acceptance by the Creator and Next Level
- Create campaigns with false, misleading, incomplete information, or that pose a risk to the physical, mental, or reputational safety or integrity of Creators
- Request or promote the creation of content that infringes laws, copyrights, trademarks, social media platform community guidelines, or Next Level's internal policies
- Use contact data, metrics, or other information obtained for purposes other than the contracted campaign or without Next Level's express authorization
7. Specific Obligations of the Brand
The Brand commits to:
- Provide clear, complete documentation consistent with the strategy
- Deliver all necessary inputs on time (brand books, claims, disclaimers by country, references, access, etc.)
- Review and approve/reject content within the agreed timelines
- Not use content out-of-license or in contexts that may unduly harm the image of Creators or Next Level
- Respect the minimum creative independence necessary for the content to remain as UGC and not a full studio production when the contracted product so establishes
- Respect these Terms and specific agreements
8. Next Level UGC Intellectual Property
All visual elements, trademarks, logos, code, methodologies, workflows, templates, creative frameworks, texts, structures, databases, and functionalities of Next Level UGC are the exclusive property of Next Level or its licensors.
It is prohibited to:
- Reproduce them in whole or in part
- Reverse engineer, scrape, or perform mass data extraction
- Use Next Level's information, processes, or materials to develop platforms or services that constitute direct competition based on substantial copying of its know-how
9. Liability, Exoneration, and Indemnification
9.1. Role of Next Level. Next Level acts as a technological and strategic intermediary between Brands and Creators, facilitating connection, curation, coordination, and campaign management. It applies processes and standards to maximize quality but cannot guarantee specific commercial results (sales, ROAS, CTR, etc.), which depend on multiple external factors.
9.2. Creators as independent contractors. Creators are independent contractors, not employees of Next Level or the Brand. Next Level is not responsible for:
The operational remedy for problems with a Creator will be the reasonable repositioning/replacement of the content or Creator, when feasible.
9.3. Limited liability. Except in cases of willful misconduct, Next Level's total liability to the Brand is limited to the amount effectively paid by the Brand to Next Level in the three (3) months prior to the claim giving rise to the liability. Expressly excluded are:
9.4. Indemnification in favor of Next Level. The Brand shall indemnify and hold harmless Next Level, its directors, employees, and collaborators against third-party claims (including authorities, consumers, and Creators) arising from:
Next Level maintains reasonable policies and procedures but does not assume responsibilities that fall exclusively within the Brand's domain. Associated services are offered "as is" and may be subject to adjustments or variations inherent to this type of service. The Brand assumes the inherent risks of contracting these services.
- Personal acts of Creators beyond their reasonable control
- Additional publications the Creator makes independently
- Personal opinions of the Creator outside the Campaign
- Indirect damages
- Lost profits
- Loss of opportunity
- Reputational damage or unmet expectations
- Claims, instructions, materials, or inputs provided by the Brand
- Out-of-license content usage or in unagreed contexts
- Non-compliance with laws, advertising standards, or sectoral regulations by the Brand
- Any violation of these Terms attributable to the Brand
10. Suspension and Cancellation
Next Level may suspend or cancel accounts and/or campaigns, in whole or in part, when:
In such cases, Next Level may:
- The Brand breaches these Terms or the Agreements entered into between the parties
- There is misuse of data, fraud, abuse, non-payment, or reasonable suspicion of illegal activity
- A relevant risk to the security, integrity, or reputation of Creators or Next Level is detected
- Withhold funds necessary to cover obligations to Creators, incurred costs, and pending fees
- Cancel campaigns in progress
- Terminate the commercial relationship with the Brand
11. Jurisdiction and Applicable Law
11.1. Applicable Law. Unless the Agreement stipulates a different law, these Terms are governed by the laws of the Republic of Argentina.
11.2. Jurisdiction. Unless otherwise provided in the agreement between Next Level and the Brand, any dispute shall be submitted to the ordinary courts of the Autonomous City of Buenos Aires.
11.3. Personal Data. Data processing is governed by Next Level's Privacy Policy. The Brand commits to complying with applicable data protection regulations in its territories and shall not use Creator data for unauthorized purposes.
12. Third-Party Platform Services
12.1. Use of external platforms. When Next Level provides services related to third-party platforms (including but not limited to Amazon, TikTok Shop, Meta, Shopify, or other e-commerce platforms or social networks), the Brand acknowledges and accepts that:
12.2. Account access. When the Brand grants access to its accounts on third-party platforms (Seller Central, TikTok Shop, etc.):
12.3. No performance guarantees on platforms. Next Level does not guarantee specific results on third-party platforms (sales, GMV, visibility, positioning). Performance depends on multiple external factors beyond Next Level's control, including platform algorithms, competition, seasonality, and market behavior.
12.4. Platform changes. The Brand acknowledges that platforms may unilaterally modify their policies, which may affect service delivery. In such cases, Next Level will reasonably adjust its strategy and communicate relevant changes to the Brand.
- Said platforms are operated by independent third parties with their own terms of service, policies, and requirements
- The Brand is responsible for complying with the terms of service of each platform on which it operates
- Next Level has no control over changes in policies, algorithms, fees, or functionalities of the platforms
- The Brand remains the sole owner and responsible party for said accounts
- Next Level will act in good faith and in accordance with agreed instructions
- Any suspension, penalty, or restriction imposed by the platform is the Brand's responsibility, unless directly attributable to gross negligence by Next Level
13. Modifications
Next Level may modify these Terms at any time. Updates will be published on the Platform or communicated through reasonable means. Continued use of the Platform or participation in new campaigns constitutes acceptance of the version in effect at the time of participation.
14. Contact
For legal or administrative inquiries: admin@nextlevelugc.com