Creator programme terms

What these terms are

These are the terms on which Flower & Glory Limited ("the studio", "we") works with a content creator ("you") on a bunch of flowers designed with you, named after you or a choice of yours, and sold on our website, and on any content job we offer you. You accept them on your creator dashboard before anything you can share is made, and before you take on a content job. They sit alongside our Terms of sale, which cover what a customer buys, and our Privacy notice, which says what we keep about you.

What you accept is the words of these terms as they are on this page when you accept them, and we keep a record of which words those were. If we change any of the words, we ask you to accept them again on your dashboard before your links, code and captions open again, and before you take on a content job. Until you do, the terms you accepted stand.

Who can take part

• You must be 18 or over. You confirm this when you apply and again when you accept these terms.
• What you told us is true: your name, your profiles and the figures you gave for them.
• You work for yourself. Nothing here makes you our employee, our partner or our agent. You decide how and when you make your content. You are responsible for your own tax and National Insurance, and for telling HMRC about what you earn.
• You cannot sell for us. You may share your bunch, your link and your code, but you have no authority to agree a sale, a price, a discount or a deal on our behalf.

The bunch

1. We design it together. You write a brief on your design board, a florist on our bench proposes a bunch, and you agree it, or ask for changes, until it is right.
2. We make and sell it. We decide its price, its sizes, when it is on sale and how many we can make in a day, and we may pause it at any time, for example when the bench is full.
3. What is ours. The recipe, the method, our photographs and the product listing belong to us. Your own photographs and videos stay yours.
4. A bunch to photograph. We may make a bunch for you to photograph. HMRC treats a bunch given to you this way as income, and your dashboard lists what each was worth.

Your name and your content

• Your name on the bunch. You let us use your name, your handle and the photographs of you that you send us, on the bunch, its page and in our own marketing of it, for as long as these terms last. When they end, your page comes off the website and the photograph of you on it is deleted. You can take your photograph off your page yourself at any time, from Profile on your dashboard: it comes off at once, and from then we ask you before using that photograph anywhere else.
• Your posts. You let us share your posts about the bunch on our website and our own social accounts, crediting you where we can.
• Your name stays yours. We will never register your name or handle as a trade mark.

• Paid adverts. We run one of your posts as a paid advert (a partnership advert, or a post of yours we pay to show to more people) only if you tell us yes in writing, separately from these terms. We keep a record of your yes and the day you gave it. You can take it back at any time, for any advert from then on. Ticking on your application that you are happy to be asked is not a yes.

Posting about your bunch

You earn from every bunch sold, so every post about it is an advert, and the law says it must be labelled as one. These rules come from the Competition and Markets Authority's guidance for content creators and the Advertising Standards Authority's advice on influencer marketing.

• Label every post "Ad" at the start: the first word of a caption, the first frame of every story and video, said out loud at the start of a video or a live stream, and in the title or thumbnail on YouTube. "Advert" or "Advertisement" are fine too.
• These are not enough on their own: #gifted, #gift, #collab, #spon, #sponsored, #aff, #affiliate, "in association with", "in partnership with", "thanks to", a tag of our account, a discount code, or a platform's own "Paid partnership" tag. Use the platform's tag as well as "Ad", never instead of it.
• Only what is true. Use the prices, sizes and delivery details your dashboard gives you, and your own opinion of the bunch. Never suggest you bought it.
• Never a review. Do not write a review of your bunch on our website, Google, Trustpilot or anywhere a review is expected. Our website will not let you.
• Log your posts on your dashboard within 48 hours of posting them. We check every one.
• Put it right when we ask. If a post needs a fix, change or remove it within 24 hours of our asking. If posts keep needing fixes we may pause your link, your code and your bunch, and then end these terms.
• Anyone posting for you (an agent or a manager) must follow these rules too.

Your share of the profit

• Commission only. There is no fee to join and nothing to buy. We do not promise any number of sales or any amount of money.
• The profit on a bunch is what the customer paid for it, less the VAT in that price, less the cost of the flowers in it at our stems' costs (where a recipe cannot say, the price divided by our usual markup), less our making and packaging allowance per bunch. It is never less than nothing. Delivery charges are never part of it.
• Your share is the percentage of that profit shown on your dashboard when you accept these terms, and our making and packaging allowance is the one shown then too. Both are fixed when you accept: a later change to the programme's figures never changes yours. If we agree a different share with you, it counts for orders placed after the change, never before.
• Discounts and refunds. A discount code taken off your bunch, a refund and a cancelled order come off your share in the same proportion as they come off ours. A refund is taken off what it was for: a refund of the delivery, or of something else on the order, never touches your share, and a bunch refunded at its price earns nothing and gives your charity nothing. Where a part refund is not the price of anything on the order, an amount no bigger than the delivery comes off the delivery, an amount at least the price of everything else on the order takes back your bunch with the rest, and anything between comes off the delivery charge first and then the order's items by price.
• What never earns: an order you place yourself (your charity still gets its amount for it, from us), an order through Deliveroo, and an order placed after these terms end.
• Statements. We draw up a statement for each calendar month after a short hold, shown on your dashboard, so that refunds land in the right month: a refund made before a month's statement is drawn up comes off that statement. A month whose total for you is nothing or less waits for the next one, unless your charity is owed something: then the statement pays the charity, and what you owe back comes off your next statement.
• Payment. We pay each statement by bank transfer to the account you give us on your dashboard.
• VAT. If you are registered for VAT, tell us your VAT number. We pay VAT-registered creators only under a written self-billing agreement, as HMRC's Notice 700/62 describes.
• A refund after a statement is drawn up is taken off your next statement, and anything you still owe back is carried to the statements after it until it is covered.

Giving to a charity

You may give all or part of your share to a charity. When you do:

• You choose from our list. A charity can be named only once we have a signed written agreement with it, as the Charities Act 1992 and the regulations made under it require. You may suggest one; we check it on the charity register and ask it to sign.
• The public is told the amount per bunch in pounds, with the charity's name and registered number, wherever the bunch is offered. We work the amount out from your choice and lock it; a change of your choice, of our prices or of the charity writes a new statement from that day. Money promised while a statement was in force goes to the charity it named, even if you change charity later in the month. You may only use the statement we give you, word for word.
• We pay the charity. The amount is paid by Flower & Glory Limited to the charity, on the terms our agreement with it sets. Neither we nor you receive any payment from the charity.
• Every bunch sold and kept gives its whole amount, whatever was taken off the order. A bunch refunded in full gives nothing, and a refund after the charity has been paid comes off its next payment.
• If a deeper discount than your own code, a part refund or your own order leaves your share of a bunch short of its amount, the charity still receives every pound it was promised for that bunch, and we make up the difference. We never take it from your share on your other bunches.

Your audience's code and link

We give you a discount code for your followers, limited to your bunches, and a link to your page that tells us a visitor came from you. We set the code and its discount; you may not change, sell or share it in a way that misleads anybody.

Content jobs

We may also offer you a content job: photographs or short films for the studio, made to a brief. These terms cover every content job, alongside the job's own offer.

• Each job is offered on your dashboard with its brief, its fee, the day it is wanted by and how we may use what you make, before you film anything. You may say no, and saying no changes nothing about your bunch.
• The fee is the one in the offer you accept. It is fixed then, and it is the whole payment for the job: it is not a share of anything. We pay it by bank transfer to the account on your dashboard once we have approved what you delivered. We may ask for changes first, and we say what to change.
• How we may use what you make is what the offer says: on our own website and social accounts; on those and in our paid adverts for 90 days from our approval; or anywhere we promote the studio, paid or not, with no end date. Accepting the job gives us that use and no other, as a licence that is not exclusive to us. The copyright stays yours, and you may use your work yourself. We credit you where we can.
• What you deliver must be yours to give: your own work, with the agreement of anybody who appears in it, and nothing in it (music, artwork or another brand) that you don't have the right to use.
• If you post it yourself, the posting rules above apply to it as well.
• A fee is income to you, like your share of a bunch's profit: you look after your own tax on it.

Launches and capacity

Bunches go on sale in launch waves, and each may have a most-a-day the bench can make, so that every order is made properly. We choose your launch day with you, and we may move it, pause your bunch or hold back orders for a day that is full.

Your data and ours

• We keep what you tell us and what your dashboard records, as our Privacy notice sets out: while you are in the programme, and for a year after these terms end.
• If you ask us to forget you, your page and your bunches come off the website at once, and we keep only what the books need.
• You never see a customer's details. Your dashboard shows sales and money, never a name, an address, an email or a card message.
• Our costs and anything on your dashboard that is not public are confidential.

Ending

• Either of us may end these terms with 30 days' notice in writing.
• We may pause or end them at once if you break the posting rules after being asked to put a post right, or if something either of us does in public brings the other into serious disrepute.
• Keep labelling after the end. For 12 months after these terms end, label any post that mentions your bunch or the studio "Ad" at the start, as the Advertising Standards Authority advises.
• After they end: no new link or code is given, you are paid your share of orders placed before the end, your bunch comes off sale on the day they end and is not sold again, under your name or any other, your page comes off the website, and we stop using your content in our marketing, though posts already published may stay where they are, and what you made for a content job may still be used as its offer said.

The law

These terms are governed by the law of England and Wales. Nothing in them takes away a right the law gives you.

Contact

Flower & Glory Limited, company number 06302492, registered in England and Wales, registered office 237 Westcombe Hill, London SE3 7DW. Questions about the creator programme: reply to any email the programme sends you, or write to the studio.