TERMS AND CONDITIONS TO THE FANATEE CREATOR CAMPAIGN
These Terms and Conditions (“Terms and Conditions”) contain the legal terms and conditions of the Creator Campaign, promoted by Fanatee, Inc. (“FANATEE”), through which influencers (“INFLUENCER”) can register for the campaign and promote Fanatee’s games on social media.
Â
|
1. BROADCAST MEDIAÂ |
Social media, website and adnetworks |
|
|
2. BRAND OR ELEMENT PROMOTED IN THE CAMPAIGN |
Any Fanatee game. |
|
|
3. CAMPAIGN FEATURES |
Campaign to promote a Fanatee game, aiming to increase installs. |
|
|
4. CAMPAIGN NAMEÂ |
Fanatee – Creator Campaign |
|
|
5. DESCRIPTION OF THE CONTENT OF THE ACTIONS TO BE PERFORMED BY THE INFLUENCER |
Livestream on Social Media Platforms, such as TikTok, Twitch, YouTube Live, Instagram, etc, in which the INFLUENCER shall play any Fanatee game with their audience and shall invite and engage the audience to download and play the game. The INFLUENCER shall play some matches against or with their followers during livestream. In addition, the INFLUENCER may choose to post FANATEE related content on their Social Media Platforms (“Posts”). FANATEE may choose to boost such new content, without prior approval of the INFLUENCER. Livestreams on Social Media Platforms related to Fanatee games are hereby collectively defined as “Livestreams”. Any other kind of posts, such as videos, photos, texts, on Social Media Platforms related to Fanatee games are hereby collectively defined as “Posts”. INFLUENCER Content, Livestreams and Posts are collectively referred to as “User Generated Content”. All Livestreams’ duration will be determined by the INFLUENCER, unless a minimum duration is specified in writing by FANATEE. The INFLUENCER must play with no-ads. Depending on which Fanatee game, this feature will be given by FANATEE or reimbursed. |
|
|
6. GAME PARTICIPATION |
The INFLUENCER may choose any Fanatee game to Livestream or to create User Generated Content. |
|
|
7. PRODUCTION OR BROADCASTING DATES OF ACTIONS OR CONTENTS |
The INFLUENCER can choose any date and time to create and publish User Generated Content or to Livestream a FANATEE game. |
|
|
8. PROMOTION PAGES |
Any profile related to the INFLUENCER must be mutually agreed upon by the Parties prior to any Livestream and/or the creation or publication of User Generated Content by the INFLUENCER. |
|
|
9. BROADCASTING LOCATIONS |
Without limitation: the User Generated Content may be broadcast in any location, without territorial limitation, subject to INFLUENCER’s compliance with applicable laws. |
|
|
10. CAMPAIGN DURATION |
The term of these Terms and Conditions will commence upon acceptance by INFLUENCER and continue for 1 (one) year thereafter ("Broadcast Term") without any limitation of the number of INFLUENCER Livestreams or User Generated Content.  If neither Party provides notice to the other Party of nonrenewal at least thirty (30) days prior to the expiration of the Broadcast Term, these Terms and Conditions will automatically renew for an additional one (1) year term (each subsequent year after the Broadcast Term a “Renewal Term”). |
|
|
11. REMUNERATION AND PAYMENT METHOD |
|
|
|
12. FANATEE SOCIAL MEDIA ENDORSEMENT POLICY |
Â
Â
1. The INFLUENCER acknowledges and agrees that (i) INFLUENCER will comply with all specifications of the Summary Table above, including Fanatee Social Media Endorsement Policy; and (ii) they shall be responsible for caring for the image and reputation of FANATEE in the marketplace, under penalty of termination of these Terms and Conditions by FANATEE, without prejudice to the INFLUENCER's duty to pay for losses and damages to FANATEE, as per clause 8 below; and (iii) and INFLUENCER represents and warrants that they are at least 18 years of age and have the full right and authority to enter into these Terms and Conditions.
Â
2. The Remunerations, if any, will be paid by FANATEE to the INFLUENCER in the same proportion in which the INFLUENCER diffuses and/or broadcasts the User Generated Content in the exact terms described in the Summary Table.
2.1. The INFLUENCER undertakes to deliver to FANATEE, whenever requested, all documents necessary for the payment of the Remuneration, which includes, but is not limited to the W8BEN, W8BEN-E or W9 forms of the Internal Revenue Service (IRS). The INFLUENCER understands and agrees that the INFLUENCER will not receive any payment until the required forms are duly submitted.
Â
2.2. The INFLUENCER understands and agrees to the minimum Remuneration of thirty US dollars (USD 30.00). This means that the INFLUENCER will not receive any payment from FANATEE until the Remuneration amount reaches US dollars (USD 30.00).
3. The INFLUENCER (i) assigns and transfers to FANATEE, freely, irrevocably, irreversibly, perpetually, worldwide, totally and definitely, all right, title and interest, including the ownership of any and all intellectual property and proprietary rights, in and to any User Generated Content produced, disclosed and/or broadcast by the INFLUENCER, including the right to freely use, reproduce, adapt, distribute, publicly perform, publicly display, promote, create derivative works, boost, and otherwise exploit such User Generated Content; and (ii) INFLUENCER grants FANATEE a worldwide, perpetual, irrevocable, royalty-free, transferable and sub-licensable license to freely use their image, name, likeness, social media handle, avatar, interpretation and sound of its voice (“Image Rights”), printed and/or registered in the games and in the User Generated Content for the promotion, disclosure, availability and broadcast of its campaigns (determined in the Summary Table above) and for the creation of derivative works of the User Generated Content and Image Rights, including derivative works created, generated or modified through the use of artificial intelligence technologies, in any media now known or hereafter created.
Â
4. The INFLUENCER represents and warrants that (i) is the sole and lawful owner of the User Generated Content's respective intellectual property rights and copyrights; (ii) the User Generated Content does not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, or publicity rights; the User Generated Content shall not contain any material that is defamatory, obscene, or illegal; and (iii) has all rights to assign them to Fanatee, by means of these Terms and Conditions. The INFLUENCER assumes its full and exclusive responsibility with regard to the User Generated Content's ownership, originality and liability for any violations of industrial property, copyright and/or any other legally protected assets, and agrees to hold Fanatee harmless from any liability in relation to the Content.
Â
5. The INFLUENCER understands and agrees that (i) the intellectual property rights of the FANATEE games are and will remain the exclusive property of FANATEE; (ii) the use of the INFLUENCER's Image Rights in the connection with the Livestreaming of the games, as well as any other type of participation of the INFLUENCER in the participation, promotion or marketing of the games does not imply any grant to the INFLUENCER, nor any assignment whatsoever, of any intellectual property rights over the games by FANATEE; (iii) FANATEE may, without further consent and without any obligation of prior approval, edit, cut, remix, dub, translate, adapt, reformat or create derivative works from such User Generated Content, using any tools or technologies, including Artificial Intelligence tools, for advertising and promotional purposes. FANATEE shall have no obligation to notify the INFLUENCER of such uses, except where required by applicable law, and any notice provided shall be for informational purposes only; and (iv) FANATEE reserves the right to refuse, request changes to, or remove any User Generated Content that, in its reasonable judgment, violates these Terms, FANATEE policies, platform rules, or applicable law.Â
6. Under no circumstances may the INFLUENCER substitute themselves for any User Generated Content or subcontract any third parties for User Generated Content without the prior written authorization of FANATEE. FANATEE has total freedom to hire other influencers, without the need of authorization or any previous notice from the INFLUENCER.
7. FANATEE does not agree with and repudiates any form of discrimination, pornography and any illegal conduct or corrupt practices. FANATEE shall have the right to terminate these Terms and Conditions immediately if INFLUENCER commits any act or is involved in any situation that brings FANATEE into public disrepute, contempt, scandal, or ridicule, or which violates widely held principles of public morality or decency or constitutes a felony or crime of moral turpitude in the jurisdiction in which it is committed. The INFLUENCER acknowledges and declares that it shall be directly, personally and fully liable to FANATEE and any third party for any losses and damages, direct and indirect, arising from the INFLUENCER’S breach of these Terms and Conditions or the applicable legislation. INFLUENCER represents and warrants that they have the power and authority to enter into these Terms and Conditions, are the age of majority in their jurisdiction of residence, will comply with FANATEE’s social media policy and all applicable guidelines, laws and regulations regarding influencers, including all FTC guidelines with respect to the User Generated Content and use thereof, the User Generated Content will not be produced under or otherwise be subject to the terms of any guild, union or other collective bargaining agreement.
8. INFLUENCER shall indemnify, defend and hold Fanatee totally free and harmless from any losses and damages that are caused to the Fanatee by virtue of any third-party demand, action or claim, judicial or extrajudicial, that is brought by any third party due to any event that has been caused, directly or indirectly, by the breach of any provisions of these Terms and Conditions by the INFLUENCER.
Â
9. Either party may terminate these Terms and Conditions (i) without cause, at any time and without any liability, provided that upon prior written notice to the other party with fifteen (15) days in advance; (ii) due to breach of any obligation undertaken in these Terms and Conditions, provided that such breach cannot be remedied or, if it is remediable, it is not remedied within fifteen (15) days from the receipt by the breaching party of written notice from the prejudiced party, and the breaching party shall be liable, in this case, for the losses and damages it causes; or (iii) insolvency, bankruptcy or judicial reorganization request from the opposing party.
Â
10. In the event of termination of the Terms and Conditions for any reason, the intellectual property rights relating to the User Generated Content shall remain the property of FANATEE.
11. These Terms and Conditions do not create any other relationship between the INFLUENCER and FANATEE, including, without limitation, representation, partnership, association, employment, or similar.
Â
12. INFLUENCER agrees to keep confidential all non-public information provided by FANATEE, including but not limited to upcoming game features, marketing strategies, and specific remuneration metrics, unless authorized in writing by FANATEE.
Â
13. If the INFLUENCER has any questions or wishes to make a comment, suggestion, complaint, or compliment to FANATEE, the INFLUENCER may contact Fanatee at influencers@fanatee.com.
 Â
14. These Terms and Conditions may be amended at any time at FANATEE's sole discretion. However, whenever any modification occurs, the INFLUENCER will be notified by the e-mail address registered.
 Â
These Terms and Conditions shall be governed and construed in accordance with the laws of Delaware. The Delaware Courts will be the only competent jurisdiction to settle any issues arising from these Terms and Conditions.
Â
Â