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Terms & Conditions - Creators

v10.2024

DEFINITIONS

Ad: A notice by which the Creator adds one or more Experiences on the BEM Ad Network

Advertiser: A company that invests in order to make itself known generally through a marketing campaign. The advertiser is a professional who is responsible for a brand or a product.

Creator: A person who designs and builds maps or levels in games, often working with brands to create customized advertising spaces

Experience: A virtual environment or level in a game where the game takes place, often customized for specific game modes or brand placements.

In-Game Ads: Advertisements placed in video games, whether in the form of banners, billboards or branded content, offering a new channel to reach players naturally as part of their gaming experience.

Member: Refers to Creators and Advertisers.

Platform: A platform available on bem-ad.network that connects Advertisers and Creators so that Advertisers can place their In-Game Ads.

Social Gaming: Online games designed to be played with or against other people, emphasizing interaction, competition and cooperation, often integrating social media features for sharing and connection. BEM Ad Network is currently available exclusively for Fortnite, Roblox, Zepeto, The Sandbox and GTA RP platforms.

Virtual World: A collective virtual space where users can interact in real-time, spanning gaming, social experiences and commerce.

1. Join the BEM Ad Network as a Creator

As a Creator, BEM Ad Network offers you the right to use the BEM Ad Network Platform in accordance with these Terms to share your Experiences on the available Social Gaming platforms listed in the “Definitions” section above with our community of Advertisers and to earn money by doing so.

2. Mandatory Legal Requirements

In order to meet the mandatory legal requirements, you will need to provide at least the following information (if applicable) to BEM Ad Network in order to be able to offer Member Services as a Creator on the BEM Ad Network Platform:

- Your name, address, telephone number and email address,

- A copy of your ID or other electronic identification,

- Your payment account details,

- The commercial register in which you are registered and your registration number or any other equivalent means of identification in this register,

- Parental authorization to use the BEM Ad Network for your activities if you are a minor and all legal information relating to legal representatives.

3. Exclusions

As a Creator, you are able to reside and be tax resident in all countries of the World with the exception of the list defined by the Financial Action Task Force, namely: North Korea, Iran and Myanmar.

4. Account Verification

You will not be able to offer Creator Services on the BEM Ad Network Platform until BEM Ad Network has been able to assess that the information is reliable and complete. We may ask you to provide additional documentation as determined by us to enable us to assess the reliability and completeness of your information.

5. Information Provided

You are responsible for the accuracy of the information provided and are required to keep your information up to date at all times. If we obtain sufficient indications or have reason to believe that any information is inaccurate, incomplete or not up to date, you will be required to remedy the situation without delay. If you fail to update your information within the time frame we have provided to you, we may suspend your use of the BEM Ad Network Platform, until you have provided the required information.

6. Term

The contract between you and BEM Ad Network reflected in these Terms remains in effect until either you or we terminate the contract in accordance with these Terms.

7. Termination

You may terminate this contract at any time by sending us an email or by deleting your account by giving 30 days' notice. BEM Ad Network may terminate this Agreement for any reason by providing you with 30 days’ notice via email or using any other contact information you have provided for your account. BEM Ad Network may also terminate this Agreement immediately and without notice and cease providing access to the BEM Ad Network Platform if (i) you materially breach these Terms, (ii) you violate applicable law, or (iii) such action is necessary to protect the personal safety or property of BEM Ad Network, its Members, or third parties (for example, in the case of fraudulent behavior by a Member), or (iv) your account has been inactive for more than two years.

8. Effect of Termination

If you are a Creator and terminate your BEM Ad Network account, all confirmed bookings will be automatically canceled and your Advertisers will receive a full refund. Upon termination of this Agreement, you are not entitled to a restoration of your account or Content. If your access to or use of the BEM Ad Network Platform has been restricted, your BEM Ad Network account has been suspended, or this Agreement has been terminated by BEM Ad Network, you may not open a new account or access or use the BEM Ad Network Platform through another Member’s account.

9. Contract with Advertisers

When you accept a booking request or receive a booking confirmation on the BEM Ad Network Platform, you are entering into a contract directly with the Advertiser and are responsible for providing the Creator Service at the CPM of 10 euros and the setup fee of 50 euros per In-Game Ad.

10. Independence of Creators

Your relationship with BEM Ad Network is that of an independent entity or individual and not that of an employee, agent, joint venturer or partner of BEM Ad Network, except that BEM Ad Network acts as a payment collection agent as described in the Payment Terms. BEM Ad Network does not direct or control your Creator Service.

11. Creation and Management of Your Ad

The BEM Ad Network Platform provides tools that allow you to make an Experience available on the Platform. Your Listing must include complete and accurate information about the features of your Experience.

12. Compliance with Laws

You must understand and comply with all laws, rules, regulations, and third-party agreements that apply to your Creator Services. Check your national and local laws to determine the rules that apply to the Creator Services you plan to offer. The information we provide regarding legal requirements is for informational purposes only. You should independently verify your obligations. You are responsible for the processing and use of Advertisers’ personal data. If you have questions about how local law applies, please consult a legal advisor.

13. Your Responsibilities

You are responsible for your own acts and omissions and those of those you authorize to assist in providing your Creator Services. You are responsible for the requirements of your Listing. You must describe all fees and charges in your Ad description, but you may not collect fees or charge additional fees outside of the BEM Ad Network Platform.

14. Cancellation and Booking Issues

In general, if an Advertiser cancels a Booking, the amount you are paid is determined by the cancellation policy applicable to that Booking. As a Creator, you must not cancel an Advertiser’s booking without a valid reason under applicable law. If you cancel an Advertiser’s booking without such a valid reason, we may impose cancellation fees and other consequences.

15. Cancellation Fees

If a Creator cancels a confirmed booking, or is found liable for a cancellation under this Policy, we will impose a cancellation fee of at least €5,000. The amount of the booking and the time between cancellation and arrival determine the fee:

- If canceled 48 hours or less before the start of the In-Game Ads rental, the fee is 50% of the booking amount.

- If the reservation is canceled between 30 days and 48 hours before the start of the In-Game Ads rental, the fee is 25% of the reservation amount.

- If canceled more than 30 days before the start of the In-Game Ads rental, the fee is 10% of the reservation amount.

Cancellation fees are generally withheld from the next payment(s) to the Creator. In addition to the fees and consequences set out in this Policy, Creators who cancel a reservation, or who are found responsible for a cancellation, will not receive a payment for that canceled reservation. If a payment has already been made, the amount of the payment will be withheld from the next payment(s).

16. Collection of Payments

BEM Ad Network generally collects the total price of a reservation at the time the Creator accepts the Advertiser's booking request, unless otherwise specified.

17. Valid Payout Method

In order to receive a payout, you must have a valid payout method linked to your BEM Ad Network account. When you add a payout method to your BEM Ad Network account, you will be asked to provide information, such as name, billing address, and financial instrument information, to either BEM Ad Network or its third-party payment provider(s). Depending on the payout method you choose, additional information may be required, such as: residential address, name on account, account type, routing number, account number, email address, payout currency, identification number, and account information associated with a particular payment processor. Submitting the requested information is required for a payout method to be valid. The information BEM Ad Network requires for a valid payout method may change, and BEM Ad Network may request additional information at any time; Failure to provide the requested information may result in any payout being temporarily placed on hold, suspended or cancelled by BEM Ad Network until the information is provided and, if necessary, validated.

You authorize BEM Ad Network to collect and store your payout method information in accordance with the BEM Ad Network Privacy Policy. BEM Ad Network may also share your information with government authorities as required by applicable law.

18. Payout Timing

Subject to and dependent on the successful receipt of corresponding payments from the Advertiser, BEM Ad Network will generally initiate payouts to your chosen payout method 24 hours after the end of the In-Game Ad rental.

The timing of receipt of payouts once issued by BEM Ad Network may depend on the payout method you select.

Your payout for a booking is the price set out in your Listing. In the event of cancellation of a confirmed booking, BEM Ad Network will pay the amount due (if any) in accordance with the applicable cancellation terms described above.

19. Payment Restrictions

BEM Ad Network may temporarily place on hold, suspend or cancel a payout for the purposes of preventing illegal activity or fraud, assessing risk, ensuring security or completing an investigation; or if we are unable to verify your identity, or, where applicable, the identity of your representative(s) or beneficial owner(s), or obtain or verify requested information. In addition, BEM Ad Network may temporarily place on hold, suspend or delay the initiation or processing of any payout due to you as a result of a high volume of booking cancellations or changes resulting from a force majeure event as defined below.

20. Payout Currency

BEM Ad Network will make your payouts in the currency you select on the BEM Ad Network Platform. Available currencies may be limited for regulatory or operational reasons based on factors such as your selected payout method, your country of residence and/or your BEM Ad Network contracting entity(ies). Any such restrictions will be communicated on the BEM Ad Network Platform, and you will be required to select an alternative currency or payout method. Please note that payment service providers may impose transaction fees, currency conversion fees or other charges based on the currency or payout method you select, and BEM Ad Network is not responsible for and disclaims any liability in connection therewith.

21. Payout Limits

For compliance or operational purposes, BEM Ad Network may limit the amount of a payout. If an amount owed to you exceeds this limit, BEM Ad Network may make a series of Payouts (possibly over several days) in order to pay you the full payout amount.

22. Payment Service Providers

Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payouts in connection with the Payment Services, including by deducting fees from the payout amount. BEM Ad Network is not responsible for and disclaims any liability in connection with these fees. Your Payout Method may also be subject to additional terms and conditions of use from these third-party payment service providers. Please review these before using your Payout Method.

23. Appointment of BEM Ad Network as Limited Payment Collection Agent

Each Creator hereby appoints BEM Ad Network as the Creator’s Payment Collection Agent solely for the limited purpose of accepting and processing funds from Advertisers who purchase In-Game Ads services on behalf of the Creator.

Each Creator agrees that payment made by an Advertiser through BEM Ad Network shall be deemed to be payment made directly to the Creator, and the Creator will provide the Creator Service booked by the Advertiser in the manner agreed upon as if the Creator had received payment directly from the Advertiser. Each Creator agrees that BEM Ad Network may reimburse the Advertiser in accordance with the Terms. Each Creator understands that BEM Ad Network’s obligation to pay the Creator is subject to and conditioned upon the actual receipt of the associated payments from the Advertiser. BEM Ad Network guarantees payments to Creators only for amounts that have been properly received by BEM Ad Network from Advertisers, subject to and in accordance with these Payment Terms. By accepting appointment as Creator’s limited payment collection agent, BEM Ad Network’s liabilities are limited to those set forth in this section and BEM Ad Network is not responsible for and will not be liable for any act or omission of Creator. BEM Ad Network will remain liable for any act caused by its own negligence and its violations of your rights as a consumer under applicable law.

24. Fees

BEM Ad Network may charge fees for the use of certain Payment Services, and any applicable fees will be disclosed to you in the Terms or on the BEM Ad Network Platform.

25. Payment Processing Errors

BEM Ad Network will take reasonable steps to rectify any payment processing errors of which we become aware. These actions may include (as applicable) a credit or debit to the same payment method used or selected by you, so that you ultimately receive or pay the correct amount. This may be done by BEM Ad Network or a third party institution such as your financial institution. We may also take steps to recover funds sent to you in error (including, but not limited to, duplicate payments due to a processing error). For Creators, this may include reducing, offsetting or debiting the amount of such funds from any future payments owed to you.

To the extent that you receive funds in error, you agree to immediately return such funds to BEM Ad Network.

26. Prohibited Activities

You are solely responsible for complying with all applicable laws, rules, regulations and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree not to, assist others to, or permit others to:

- Violate or circumvent any applicable law or regulation, including assisting anyone to violate or circumvent any applicable law or regulation;

- Violate or circumvent any third-party agreement, third-party rights, or the Terms;

- Use the Payment Services for any commercial or other purpose not expressly permitted by these Payment Terms;

- Register or use any payment method or payout method on your BEM Ad Network account that you do not own or that you do not have permission to use;

- Avoid, circumvent, remove, disable, damage, decode or circumvent any technological measures implemented by BEM Ad Network or any BEM Ad Network service provider or any other third party to protect the Payment Services;

- Take any action that disrupts or impairs, or may disrupt or impair, the performance or proper functioning of the Payment Services;

- Decipher, decompile, disassemble or reverse engineer any software or hardware used to provide the Payment Services; or

- Violate or infringe the rights of third parties or cause harm to any person.

We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the imposition of sanctions, including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or Her Majesty's Treasury in the United Kingdom. You will comply with all relevant financial sanctions and export control laws that apply to you and your territory.

27. Force Majeure

BEM Ad Network shall not be liable for any delay or failure to perform any obligation under these Payment Terms resulting from abnormal or unforeseeable circumstances beyond the reasonable control of BEM Ad Network, the consequences of which would have been unavoidable despite all efforts made to do so, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or diseases, strikes or shortages of transportation, fuel, energy, labor or materials (“Force Majeure Event”).

28. BEM Ad Network Platform Rules

You must abide by these rules and must not help or encourage others to violate or circumvent them.

28.1 Act with integrity and treat others with respect:

- Do not lie, misrepresent yourself, or impersonate anyone else.

- Be polite and respectful when communicating or interacting with others.

- Do not attempt to circumvent these Terms.

- Do not discriminate against or harass any person.

28.2 Do not scrape, hack, reverse engineer, compromise, or alter the BEM Ad Network Platform:

- Do not use robots, crawlers, scrapers, or other automated means to access, retrieve, or interact with data or other content on the BEM Ad Network Platform.

- Do not hack, circumvent, remove, alter or attempt to circumvent any security or technological measures used to protect the BEM Ad Network Platform or Content.

- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the BEM Ad Network Platform.

- Do not take any action that could disrupt or impair the performance or proper functioning of the BEM Ad Network Platform.

28.3 Use the BEM Ad Network Platform only as permitted by these Terms or another agreement with us:

- You may use another Member’s personal data only to the extent necessary to enable a transaction through the BEM Ad Network Platform as permitted by these Terms.

- Do not use the BEM Ad Network Platform, our messaging tools, or Members’ personal data to send commercial messages without their explicit consent.

- You may use Content made available through the BEM Ad Network Platform only as necessary to enable you to use the BEM Ad Network Platform as an Advertiser or Creator.

- Do not use Content unless you have permission from the owner of the Content or the use is permitted by us in these Terms or in another agreement you have with us.

- Do not request, make or accept a booking or payment outside of the BEM Ad Network Platform to avoid paying fees, taxes or for any other reason.

- Do not require or encourage Advertisers to open an account, leave a review or otherwise interact with a third-party website, application or service before, during or after a booking, unless authorized by BEM Ad Network.

- Do not use practices aimed at manipulating our search algorithm.

- Do not use, copy, display or frame the BEM Ad Network Platform, any Content, any BEM Ad Network trademarks, or any layout or design without our consent.

28.4 Comply with your legal obligations:

- Understand and comply with the laws that apply to you, including privacy, data protection and export laws.

- Ensure that your Experiences comply with the terms and conditions set by the Social Gaming platforms on which they are developed. As such, you are responsible for the content published on your Experiences.

- If you provide us with another person's personal data: (i) you must do so in compliance with applicable law, (ii) you must have permission to do so, and (iii) you authorize us to process this information in accordance with our privacy policy.

- Do not use the name, logo, brand or registered trademarks of BEM Ad Network or others without permission.

- Do not use or register any domain name, social media handle, trade name, brand, logo or any other source identifier that is so similar that it could be confused with the logos or marks of BEM Ad Network.

- Do not offer Services that violate any laws or contracts that apply to you.

29. Platform Violations

If (i) you violate our Terms, (ii) you violate applicable law, regulations or third party rights, (iii) you provide Content that is illegal or inconsistent with these Terms, (iv) you have repeatedly received poor reviews or BEM Ad Network becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly canceled confirmed bookings or failed to respond to booking requests without good reason, or (vi) such action is necessary to protect the personal safety or property of BEM Ad Network, its Members or third parties, BEM Ad Network may:

- Suspend or limit your access to or use of the BEM Ad Network Platform and/or your account,

- Suspend, remove, disable access to or restrict visibility of Listings, reviews or other Content,

- Cancel pending or confirmed bookings, or

- Suspend or revoke any special status associated with your account.

In the event of minor or other violations, BEM Ad Network will notify you of any intended action and you will have the opportunity to remedy the problem, unless such notification would (i) avoid or prevent the detection or prevention of the fraud or other illegal activities in question, (ii) harm the legitimate interests of other Members or third parties, or (iii) violate applicable law.

If we take any of these measures, BEM Ad Network will notify you, where appropriate, with reasons for its decision, in accordance with its legal obligations.

30. Legal Mandates

BEM Ad Network may take any action it reasonably deems necessary to comply with applicable law, or with a court order, or any other duly authorized police, judicial, administrative or governmental authority.

31. Role of BEM Ad Network

We offer you the right to use a platform that allows Members to publish, offer, search for and book Creator Services. When Members make or accept a booking, they enter into a contract directly between themselves. BEM Ad Network is not and does not become a party to any contract between Members. BEM Ad Network does not act as an agent for any Member, except when BEM Ad Network acts as a debt collector as provided in the Payment Terms. We do not and cannot control the conduct of Advertisers and Creators and we do not guarantee (i) the existence, quality, safety, appropriateness or legality of any Ads or Creator Services or (ii) the truthfulness or accuracy of any Ad descriptions, comments or other Content provided by Members. You acknowledge that BEM Ad Network has the right to review, disable access to, remove or edit Content to: (i) operate, secure and improve the BEM Ad Network Platform (including for fraud prevention, risk assessment, investigations or user support); (ii) enforce Member compliance with these Terms; (iii) comply with applicable law or the order of a court, law enforcement or other administrative or governmental body; or (iv) address Member Content that we determine to be harmful or objectionable; (v) take the actions set forth in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including removing Ads that do not meet the quality and eligibility criteria. When BEM Ad Network removes or disables Content, BEM Ad Network will notify the Member and provide the Member with reasons for such action unless such notification (i) would prevent or hinder the discovery of fraud or other illegal activity, (ii) would harm the legitimate interests of other Members or third parties, or (iii) would violate applicable law.

32. Disclaimer

We do not endorse or guarantee the existence, conduct, performance, safety, quality, legality or suitability of any Advertiser, Creator or third party, and we do not guarantee that identity or background checks and verifications carried out on Members (if any) will identify past misconduct or prevent future misconduct. Any reference to a “verified” Member (or any similar term) means only that the Member or BEM Ad Network has undergone an appropriate verification or identification procedure, and nothing else. We are not responsible for any failure or disruption of the internet or telecommunications infrastructure that is beyond our control and which may lead to interruptions in accessibility to the BEM Ad Network Platform. BEM Ad Network may, temporarily and taking into account the legitimate interests of Members (for example by prior notification), limit accessibility to the BEM Ad Network Platform or to certain of its functionalities if this is necessary due to limited capacities, to preserve the security or integrity of its servers, or to carry out maintenance operations in order to ensure the proper functioning or to improve the functioning of the BEM Ad Network Platform.

33. Liability

BEM Ad Network is liable, without limitation under the statutory provisions, for damages resulting from injury to life, body or health resulting from negligence or intentional breach of duty committed by BEM Ad Network or its legal representatives or agents. The same applies to warranties issued or any other strict liability. BEM Ad Network is also liable, without limitation, for other damages resulting from intentional or grossly negligent breach of duty on the part of BEM Ad Network or its legal representatives or agents. BEM Ad Network cannot be held liable for damages resulting from a breach of duty based on simple negligence. To the extent that the liability of BEM Ad Network is excluded or limited, this also applies with regard to the personal liability of its legal representatives, employees and other agents.

34. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with French law.

35. Access to Data

Creators have access to personal and other data in their BEM Ad Network account and Creator Dashboard, which is provided by the Creator, its Advertisers or generated through the use of the BEM Ad Network Platform, and is necessary for the provision of their Creator Services, as well as to obtain aggregated information about searches, bookings and the performance of their ads. Our Privacy Policy sets out the categories of personal data and other types of data that we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data protection rights.

36. Interpretation of these Terms

Except as may be supplemented by other terms, policies, guidelines, values ​​and product-related disclosures, these Terms constitute the entire agreement between you and BEM Ad Network with respect to your access to and use of the BEM Ad Network Platform, and supersede all prior agreements or understandings, oral or written, between BEM Ad Network and you. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and BEM Ad Network. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of any remaining provisions.

37. No Waiver

BEM Ad Network's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly provided in these Terms, the exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedies available to it under these Terms or at law.

38. Assignment

You may not assign, transfer or delegate this Agreement or your rights and obligations under these Terms without the prior written consent of BEM Ad Network. BEM Ad Network may, without restriction and in its sole discretion, assign, transfer or delegate this Agreement and any rights and obligations hereunder upon 30 days’ notice.

39. Notice

Unless otherwise specified, all notices or other communications permitted or required hereunder to Members shall be made electronically and delivered by BEM Ad Network via email, notice on the BEM Ad Network Platform, or by messaging service or other means of contact that we permit and that you provide.

40. BEM Ad Network Platform Content

The Content made available on the BEM Ad Network Platform may be protected by copyright, trademark, and/or other laws of France and other countries. You acknowledge that all intellectual property rights in such Content are the exclusive property of BEM Ad Network and/or its licensors and agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, distribute, sell, transfer, create derivative works from, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessible through the BEM Ad Network Platform, unless you are the legal owner of the Content or as expressly provided in these Terms. Subject to your compliance with these Terms, BEM Ad Network grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to (i) download and use the App on your personal device(s), and (ii) access and view the Content made available to you on or through the BEM Ad Network Platform solely for your personal, non-commercial use.

41. Emails

You will receive communications from us using your email or other contact information you have provided for your Email account. Enrolling in programs that involve sending emails will not affect the frequency of these communications, but you should expect to receive additional emails specific to the programs you have subscribed to. We may also send you promotional emails. There is no charge for these promotional emails, but third-party data rates may apply. You can control the promotional emails you receive by accessing the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or if you do not have a BEM Ad Network account.

42. Contact Us

If you have any questions regarding these Terms, please email us at contact@bem-ad.network.

43. Modifications

We, BEM Ad Network, reserve the right to revise and modify these Creator Terms & Conditions at our sole discretion. We will then update this page. Any changes to these Creator Terms & Conditions will be effective immediately upon publication.

These Creator Terms & Conditions were last updated on October 14, 2024.