ApexDrop™ Membership Agreement

If you are accepted as a member of ApexDrop’s Content Creator Network, you must agree to these terms in order to make your membership official.

The good news is that these membership agreement terms and conditions are very straightforward and totally not scary!  We also do not prohibit you from signing with other agencies; there isn’t a non-compete agreement whatsoever, and there is never a fee to be involved in the network!

By applying to join the ApexDrop Content Creator Network, you have indicated that you are willing to engage with quality brands and services in a thoughtful and authentic way; as such, we want to partner with you in a thoughtful and authentic way.

What you can expect from us:

  • We will use commercially reasonable efforts to present you with high-quality gifts, samples, and services that help you grow your voice on social media and create content your audience adores.  These exchanges may be referred to as “collaborations”, “collabs” or “campaigns”. The products and services you receive will vary, but typically include high-quality products physically sent to the mailing address you provide.
  • We will use commercially reasonable efforts to support you as a content creator and leader in your personal network.
  • We know you are busy, and we will respect your time. We will only contact you if we have something meaningful to share with you.

What we expect from you if you are accepted as a member:

  • You will use our system to discover new products you can enjoy.
  • You will make every effort to participate in collaborations that genuinely align with your interests.
  • You will not resell the products you receive in collaborations.
  • You will have open communication with ApexDrop by email and/or text.
  • You will not compromise your integrity for a review.
  • You will engage with our brands in a thoughtful and professional way.
  • If you decide to share your opinion regarding a product or service you receive, you will be fully transparent and disclose that you received products for free or as a gift.  On occasion, you may be required to use disclosures in your online posts, as directed by ApexDrop, who may provide these disclosures to you.
  • You will review and accept the terms of ApexDrop’s Privacy Policy.
  • You will let us know right away if there is a problem. Any problem.

In addition to the matters set forth above, by accepting membership as an ApexDrop Content Creator, you agree to be bound by the following:

  1. Agency.  ApexDrop is your exclusive agent for all work pertaining to the ApexDrop Content Creator Network and any brand (also known as an ApexBrand™) engaging with you in a collaboration. You give ApexDrop the exclusive right to represent your participation in programs, activities, or opportunities as part of the ApexDrop Content Creator Network and ApexDrop collaboration.  As your agent for the purposes of the ApexDrop Content Creator Network, ApexDrop is authorized to pursue receiving product samples or other opportunities.
  2. Term & Termination. The term of this Agreement is perpetual unless otherwise terminated in writing as set forth herein.  ApexDrop reserves the right to terminate this Agreement at any time with or without cause upon written notice to you; however, you only have the right to terminate this Agreement with or without cause only upon thirty (30) days written notice to ApexDrop.  Upon termination of this Agreement, all rights and obligations of the parties under this Agreement shall terminate; provided, however, all obligations of the parties under those provisions of this Agreement which by their operation or by their express terms are intended to survive termination, shall survive termination of this Agreement.  Such provisions include, without limitation, this Section 2 and Sections 1, 4, 7, 8 & 9.
  3. Third-Party Agreements.  You are not prohibited from entering into an agreement with a third party to provide content creator activities.  In the event that you enter into a content creator agreement with a third-party and that third-party agreement contains terms or conditions that conflict with this Agreement, you will comply with this Agreement.
  4. Ownership.  ApexDrop does not take an ownership interest in any images, content, video, or writings produced by you; however, any materials created by you that are in any way related to ApexDrop or this Agreement shall include a worldwide, assignable, irrevocable license granted to ApexDrop to utilize. ApexDrop shall retain, and you specifically agree that you shall have no right of ownership to any ApexDrop intellectual property, including and without limitation, any images, content, video, or writings displayed or produced by ApexDrop, and any and all patents, trademarks, service marks, trade names, copyrights, trade secrets, licenses (software or otherwise), information, know-how, inventions, discoveries, published and unpublished works of authorship, processes, and any and all other proprietary rights ordinary and necessary to the business of ApexDrop.
  5. Eligibility.  Unless otherwise set forth herein, you must be at least the age of majority in your state of residence to join the ApexDrop Content Creator Network (e.g., the age of majority in most states is 18, except in Alabama and Nebraska, where it is 19 years of age, and in Mississippi, where it is 21 years of age).  In certain limited circumstances, and at the sole discretion of ApexDrop, an eligible minor at least 13 years of age may join an ApexDrop Content Creator Network, but only if such eligible minor has the express written permission of his or her parental/legal guardian.  In such an event, the express written permission of an eligible minor provided by his or her parental/legal guardian shall be in a form, and in a manner, subject to the sole discretion of ApexDrop.
  6. Authorization.  By joining the ApexDrop Content Creator Network, you represent and warrant that you are of the age of majority in the state of your residence, or that you are an eligible minor approved for membership in an ApexDrop Content Creator Network. You further represent and warrant that you agree to abide by the terms of this Agreement, and that your use and participation as a content creator in the ApexDrop Content Creator Network will be solely for your personal, noncommercial use, and in a manner consistent with these terms and any and all applicable laws and regulations.
  7. Governing Law & Jurisdiction.  This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without reference to any applicable principles of conflicts of law that would direct the application of the laws of another jurisdiction.  Any dispute, controversy, claim or other matter arising out of or relating to the negotiation, execution, delivery or performance of this Agreement, or the breach thereof, shall be resolved solely in the state and federal courts sitting in Erie County, Pennsylvania, and each party consents to the exclusive jurisdiction of such courts.
  8. Assignment.  This Agreement and any other agreement entered into by and between you and ApexDrop, including all rights and obligations pertaining thereto, may be assigned by ApexDrop to a third party at any time without notice or restriction.
  9. Indemnification.  You agree to indemnify, defend and hold harmless ApexDrop, any affiliated entities, contractors, officers, employees, agents, and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees), arising out of any activities related to your participation as a content creator in the ApexDrop Content Creator Network.  ApexDrop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any of the entities or persons listed above, and you agree to cooperate with ApexDrop defense of any such claims.  ApexDrop will use reasonable efforts to notify you of any such claim, action, or proceeding upon knowledge thereof.
  10. Subject to Modification.  These terms and conditions are subject to modification at the discretion of ApexDrop at any time without restriction.