HEADWAY CREATOR'S PROGRAM AGREEMENT
Welcome to Headway's Creator's program, where you can manage your Creator's marketing relationship with the relevant Headway.
Any person that participates or attempts to participate in our Creator marketing program (the "Creator's Program" and such person, "you", or an "Creator") must accept this Headway Creator's Program Agreement (this "Agreement"). By registering for or using the Creators Site, you agree to this Agreement, its amendments and updates including the program policies, which are incorporated by reference (for example, our Creators Program Participation Requirements, Creators Program Rules and FAQs, etc.).
Please read them carefully. Headway may amend the terms of this Agreement from time to time to ensure compliance with applicable Laws, rules, regulations and internal business process, policies. You are requested to peruse the same from time to time to keep yourself aligned with the amendments and updates. If you have any concern or views on the changes made, then you may reach out to us at hey@headwaymade.com.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Headway Creator's Program website.
1. DESCRIPTION OF THE CREATORS PROGRAM
The Headway Creators Program ("Program") is an exclusive initiative by Headway, created to collaborate with emerging influencers and content creators who aspire to grow their digital presence while promoting a sustainable and stylish lifestyle. The Program is designed to provide a mutually beneficial partnership — offering creators valuable exposure and recognition, while enabling Headway to share authentic, user-generated content that resonates with its audience.
Under this Program, interested influencers ("Creators") are invited to participate by submitting an application form made available by Headway. Each application will be carefully reviewed and evaluated on parameters such as content quality, audience engagement, creativity, and alignment with Headway's brand values. Upon selection, Creators will be required to create and submit two (2) short video contents featuring Headway products in a creative, relatable, and brand-consistent manner. The submitted videos shall be reviewed and approved by Headway prior to any publication.
Once approved, the content will be featured on Headway's official social media platforms with due credit and tagging of the respective Creator. This collaboration offers Creators the opportunity to gain wider exposure, strengthen their content portfolio, and enhance their credibility by being featured on an established brand platform. It also enables them to reach a larger and more diverse audience, fostering meaningful engagement and the potential for long-term association with Headway for future collaborations or ambassador roles.
Participation in the Program is voluntary and does not create any employment, partnership, or agency relationship between Headway and the Creator. All activities undertaken under this Program shall be governed by the terms and conditions outlined in this Agreement.
2. CREATORS PROGRAM COMPLIANCE REQUIREMENTS
You must comply with this Agreement to participate in the Creators.
You must promptly provide us with any information that we request to verify your compliance with this Agreement and share with us all the documents required by Headway for creating and registering your Headway Creator's program account. If you violate this Agreement, or if you violate terms and conditions of any other applicable Headway marketing program, then, in addition to any other rights or remedies available to us, we reserve the right to permanently withhold (and you agree you will not be eligible to receive) any and all credit otherwise attributable to you under this Agreement, whether or not directly related to such violation without further notice and without prejudice of any right of Headway to recover damages in excess of this amount.
Non-submission within the provided timeline could result in suspension from the account. Hence request you to ensure that you are able to deliver on time to stay on the program.
3. ENROLLMENT
To begin the enrollment process, you must submit a complete and accurate Program application https://headway.rabitat.com/pages/affiliate-program. We will evaluate your application and notify you of its acceptance. We may reject your application in our sole discretion including if we determine that your site/platform is unsuitable.
Unsuitable site/platform include those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libelous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) include any trademark of Headway or its Creator's, or a variant or misspelling of a trademark of Headway or its Creator's, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site (see the Trademark Guidelines for examples); or
(g) otherwise violate intellectual property rights.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site/platform is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.
You will ensure that the information in your Program application and otherwise Creator with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently Creator with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address Creator with your account is no longer current.
TRACKING CODE AND PERFORMANCE IDENTIFICATION
Upon successful enrollment into the Headway Creators Program, each selected Creator shall be assigned a unique Creator's/Tracking Code ("Code") by Headway. This Code will enable Headway to identify and track any visits, engagements, or transactions that originate from the Creator's social media platforms, content, or referral links.
The Creator agrees to use the assigned Code exclusively for promotional activities related to Headway and in accordance with the brand guidelines provided. The Code must be embedded or mentioned in all posts, stories, or other digital content created under the Program to ensure accurate tracking of traffic and performance generated through the Creator's audience.
Headway shall utilize this data solely for analytical and performance evaluation purposes, including assessment of engagement, audience reach, and campaign effectiveness. The information collected through such tracking will remain confidential and will not be disclosed to third parties, except as required by law or necessary for program administration.
The Creator acknowledges and consents that their reach, engagement, and audience performance may be monitored and assessed through the use of the assigned Code, and that such data shall form part of the evaluation criteria for future collaborations or benefits under the Program.
4. HEADWAY CUSTOMERS
Our customers are not, by virtue of your participation in the Creators Program, your customers. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Headway Site will apply to those customers and may be changed at any time.
You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an Headway Site, you will state that those customers must follow contact directions on that Headway Site to address customer service issues.
5. WARRANTIES
You represent, warrant, and covenant that:
(a) you will participate in the Creators Program and create, maintain, and operate your Site in accordance with this Agreement,
(b) neither your participation in the Creators Program nor your creation (including content you create), maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing) including applicable ASCI regulations, rules and guidelines, and/or any third party rights including copyrights,
(c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting),
(d) you have independently evaluated the desirability of participating in the Creators Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement,
(e) the information you provide in connection with the Creators Program is accurate and complete at all times.
You further agree and confirm that you have read and understood the ASCI guidelines for influencer advertising in digital media. The ASCI guidelines require disclosure if there is any material connection between the advertiser and the influencer/artist.
We do not make any representation, warranty, or covenant regarding the amount of traffic or exposure or following you can expect at any time in connection with the Creators Program, and we will not be liable for any actions you undertake based on your expectations.
6. IDENTIFYING YOURSELF AS AN CREATOR
You must not make any public communication with respect to this Agreement or your participation in the Creators Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
7. TERM AND TERMINATION
I. The term of this Agreement is of only 2 short-videos ("the Term") which will begin upon your registration for or use of the Creators Site. Upon completion of the Term, your performance will be reviewed on per video-basis, if your review reports are positive then your association with us will be continued for another term (2-videos), which will be communicated and further accepted in writing, else it stands terminated without issuing any notice to that effect.
II. We may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination provided that the effective date of such termination will be 7 calendar days from the date notice is provided.
III. In addition, we may terminate this Agreement immediately at any time upon written notice to you for Cause. "Cause" means any of the following:
(a) you are in material breach of this Agreement or you are in minor breach of this Agreement but you do not remedy it within 7 days;
(b) we believe that we may face potential claims or liability in connection with your participation in the Creators Program;
(c) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Creators Program;
(d) we believe that we are or may become subject to tax collection requirements in connection with this Agreement or the activities performed by either party under this Agreement;
(e) we have previously terminated this Agreement with respect to you or other persons that we determine are Creator'sd with you or acting in concert with you for any reason, or
(f) we have terminated the Creators Program as we generally make it available to participants.
For the avoidance of doubt and without limitation for purposes of the foregoing subsection (a) any violation of Section 5 and as specified in the Program Policies will be deemed a material breach of this Agreement.
IV. Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, except that the rights and obligations of the parties under this Agreement and as specified in the Program Policies, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
8. DISCLAIMERS
THE CREATORS PROGRAM, THE HEADWAY SITES, ANY PRODUCTS AND SERVICES OFFERED ON THE HEADWAY SITES, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR CREATOR'SS DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE HEADWAY MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR CREATOR'SS OR LICENSORS IN CONNECTION WITH THE CREATORS PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE".
NEITHER WE NOR ANY OF OUR CREATOR'SS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR CREATOR'SS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE OR TRADE USAGE.
WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR CREATOR'SS OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR CREATOR'SS OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE SERVICE OFFERINGS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
FURTHER, NEITHER WE NOR ANY OF OUR CREATOR'SS OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (C) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (D) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE CREATORS PROGRAM, OR (E) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE CREATORS PROGRAM.
NOTHING IN THIS PARAGRAPH WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
Neither we nor any of our Creator'ss or Licensors will be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use or data) arising in connection with the service offerings, even if we have been advised of the possibility of those damages. You hereby waive any right or remedy in equity, including the right to seek specific performance, injunctive or other equitable relief in connection with this agreement. Nothing in this paragraph will operate to limit liabilities that cannot be limited under applicable law.
Headway shall not be held liable for any claims or disputes between the Creator and third parties, including but not limited to social media platforms, audiences, collaborators, or service providers. The Creator acknowledges that all content created and published remains their responsibility and that Headway's approval of any content shall not be deemed an assumption of liability for such content.
10. INDEMNIFICATION
The Creator agrees to indemnify, defend, and hold harmless Headway, its parent company, Creator's, officers, directors, employees, agents, successors, and assigns (collectively referred to as "Headway"), from and against any and all claims, liabilities, losses, damages, costs, expenses, or demands (including reasonable attorney's fees and legal costs) arising out of or relating to:
(a) any breach by the Creator of the terms, representations, warranties, or obligations contained in this Agreement;
(b) any content, materials, or representations made, created, posted, or published by the Creator in connection with the Program, including without limitation, any claim that such content infringes or violates any intellectual property right, proprietary right, privacy right, publicity right, or other rights of any third party;
(c) any negligent, wrongful, or unlawful act or omission by the Creator in the course of participation in the Program; and
(d) any violation of applicable laws, rules, or regulations by the Creator, including but not limited to advertising, consumer protection, and intellectual property laws.
In the event of any claim or action covered by this indemnity, the Creator shall, upon written notice from Headway, promptly assume full responsibility for the defense of such claim using legal counsel acceptable to Headway. Headway reserves the right, at its sole discretion and expense, to participate in such defense and/or assume control of the defense and settlement of any matter, without relieving the Creator of their indemnification obligations.
The provisions of this indemnification clause shall survive the termination, expiration, or completion of this Agreement and remain in full force and effect thereafter.
11. GOVERNING LAW AND DISPUTES
Any dispute relating in any way to the Creators Program or this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our Creator's will be subject to the governing law in India and disputes provision for the applicable Headway Site set forth on Schedule 2. Any dispute relating in any way to the Creators Program or this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our Creator's will be subject Delhi Jurisdiction.
Any dispute arising out of or relating in any way to the Creators Program or this Agreement will be resolved by binding arbitration, shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996 (as amended in 2015). The arbitration shall be carried out by a sole arbitrator to be appointed by mutual consent of the parties. The venue/seat of Arbitration shall be Delhi and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
In the event the parties hereunto are not able to appoint the arbitrator as mentioned above, HEADWAY will initiate on its own proceeding of appointment of a sole arbitrator by the Hon'ble High Court at Delhi on your expense whatsoever in nature.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Program Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
12. ADDITIONAL PROVISIONS
We may send you emails relating to the Creators Program from time to time. In addition we may:
(a) monitor, record, use, and disclose information about your Site and users of your Site that we obtain in connection to this Agreement and Program Content,
(b) review, monitor, crawl, and otherwise investigate your Site to verify compliance with this Agreement, and
(c) use, reproduce, distribute, and display your logo and implementation of Program Content displayed on your Site as examples of best practices in our educational materials.
You acknowledge and agree that:
(a) we and our Creator's may at any time (directly or indirectly) solicit traffic on terms contained in this Agreement,
(b) we and our Creator's may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site,
(c) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and
(d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on the Creators Site ("Program Policies"), including any updates of the Program Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this Agreement and your agreement with Headway Creator's under a separate Creator's marketing program that agreement will control with respect to such separate program.
This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Creators Program and supersedes all prior agreements and discussions. Whenever used in this Agreement, the terms "include(s)", "including", and "for example" are used and intended without limitation.
Any information relating to Headway or any of its Creator's that we provide or make accessible to you in connection with the Creators Program that is not known to the general public or that reasonably should be considered to be confidential is Headway's "Confidential Information" and will remain Headway's exclusive property. You will use Confidential Information only to the extent reasonably necessary for your performance under this Agreement and ensure that all persons or entities who have access to Confidential Information in connection with your account will be made aware of and will comply with the obligations in this provision.
You will not disclose Confidential Information to any third party (other than your Creator's bound by confidentiality obligations) and you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. This restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective Creator's. You will have no authority to make or accept any offers or representations on our or our Creator's' behalf. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
13. MODIFICATION
We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Program Policy on the Creators Site or by sending notice of such modification to you by email to the primary email address then-currently Creator with your Creators account. The effective date of such change will be the date specified.
YOUR CONTINUED PARTICIPATION IN THE CREATORS PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.