[PRODUCTION] build: 3.0.511

GotChosen Monetization Terms

These GotChosen Monetization Terms and conditions (the “Monetization Terms”) govern your (any participating individual or entity is referred to as “you,” “your,” or “Influencer”) participation in the Monetization Program (the “Program”) on the GotChosen platform (the “Platform”). These Monetization Terms incorporate and are expressly subject to GotChosen Terms of Service, including the GotChosen Community Guidelines, GotChosen Privacy Policy and all other GotChosen policies and guidelines, each as may be updated from time to time (together, the “Policies”). In the event of any actual conflict between these Monetization Terms and the Policies, these Monetization Terms will control during the Term (defined below), solely with respect to Influencer’s participation in the Program. Upon expiration or termination of the Program or Influencer’s participation in the Program, the Policies will remain in effect and continue to apply to Influencer’s use of the Platform. All capitalized terms used but not defined in these Monetization Terms have the respective meanings set forth in the Policies.

How to Apply to the Program:

To apply, you must register to the Platform and also apply to the Program via the Platform. GotChosen may reject an application if GotChosen determines (in its sole discretion) that Influencer does not meet the eligibility requirements of the Program or is otherwise not in compliance with the Policies.

GotChosen is not responsible for any incorrect or inaccurate information supplied by any Influencer. You represent and warrant that all application information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times.

By applying for and participating in the Program, Influencer agrees as follows:

  1. Eligibility

    At all times during participation in the Program, only those Influencers meeting all of the following requirements are eligible to participate in the Program:

    1. If Influencer is an individual, Influencer is a legal resident in one of the approved countries list here;
    2. Infuencer is 18 years of age or older or represented by a legal guardian;
    3. Influencer’s GotChosen account is active and in good standing and is in compliance with the Policies;
    4. Fulfill the requirements and rules for the monetization programs available in the Platform;
    5. Influencer has one valid linked digital payment account that may be offered or required for use as a payment method through the Program, which is registered in Influencer’s own name (if Influencer is an individual), or which is owned by Influencer (if Influencer is an entity, where supported by the digital payment account provider) (a “Payment Account”), is in good standing with the Payment Account provider, and Influencer has completed all necessary onboarding documentation for Influencer to apply to the Program (including, without limitation, any tax reporting documents required by GotChosen).

    GotChosen reserves the right to add or modify eligibility requirements in its sole discretion.

  2. Term

    The Term of this Agreement shall begin on the Effective Date and last for one (1) year, unless terminated as set forth below. This Agreement will automatically renew for successive one (1) year periods, unless terminated as set forth below.

  3. Payment

    Subject to Influencer’s compliance with the Policies at all times during the Term, Influencer meets all of the eligibility requirements and confirmation by GotChosen that Influencer’s GotChosen account is in good standing.

    Influencer agrees and acknowledges that Influencer has sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the payments from GotChosen. Influencer further agrees and acknowledges that GotChosen reserves the right and is authorized to withhold from such payments any amounts it is required to withhold and pay over to any governmental authority under applicable law, and any such withheld amounts shall be treated as paid to Influencer by GotChosen.

    From time to time, and in GotChosen’s sole discretion, GotChosen may modify the payment structure on a prospective basis and/or offer other methods of accruing payment

  4. Payment Terms

    Within sixty (60) days of the close of the prior monthly reporting period, GotChosen will report the amount of funds accrued during the prior monthly period, which shall be calculated and payable in U.S. dollars.

    GotChosen will transfer available funds to Influencer’s Payment Account if the total amount of the funds due to Influencer are equal to or exceed the minimum payment threshold of $5.00 USD and Influencer remains in compliance with these Monetization Terms. All transfers to Influencer’s Payment Account must be equal to or exceed $5.00 USD, unless otherwise expressly approved by GotChosen at its sole discretion.

    Payment may be issued to Influencer on behalf of GotChosen by subsidiary or affiliate entities or other authorized payor(s), which may act as the payor under these Monetization Terms. GotChosen may modify or substitute the payor at any time, without notice to you.

    All funds accrued in a reporting period but which do not reach the minimum payment threshold of $5.00 USD will not be eligible for transfer until the funds equal or exceed the minimum payment threshold. Influencer is responsible for linking and maintaining an accurate, up-to-date Payment Account that complies with these Monetization Terms and the terms of their Payment Account provider, and GotChosen will not be responsible for any delay, failure, or inability to transfer payment to Influencer’s Payment Account due to any reason out of GotChosen’s control, including Influencer’s failure to comply with these Monetization Terms or the terms of use applicable to any Payment Account. GotChosen shall not be responsible for any fees or charges relating to the use or operation of Influencer’s Payment Account.

    In the event that GotChosen at any time determines in its sole discretion that any Ad Impressions or Influencer content are:

    1. Artificially produced or obtained;
    2. Paid or incentivized views;
    3. In concert with Influencer to inflate ad impressions; or
    4. Otherwise in violation of these Monetization Terms (including, without limitation, the Community Guidelines)

    GotChosen may adjust amounts due to Influencer or offset against any payments owing to Influencer in the next monthly reporting period. If no future payments are due, Influencer will refund to GotChosen any amounts owed within thirty (30) days of receiving written notification thereof. Any adjustments or refunds are without prejudice to any other rights or remedies GotChosen may have arising out of Influencer’s breach of these Monetization Terms. GotChosen may at any time, without providing a warning or prior notice, temporarily suspend further payments to your Program account, including due to suspected invalid or fraudulent activity or your failure to otherwise comply with these Terms.

  5. Termination

    GotChosen may terminate, banned or suspend Influencer’s participation in the Program immediately in its sole discretion:

    1. If Influencer breaches these Monetization Terms or Policies, including, without limitation, for failure to meet or maintain the eligibility requirements;
    2. If Influencer becomes involved in any situation or occurrence that could reflect unfavorably upon Influencer or GotChosen (including the GotChosen company, the brand, the Platform, the Program, or any employees of GotChosen);
    3. Artificially increase ad impressions, views, likes, followers, shares, or comments;
    4. Attempt to or engage in selling or buying views, likes, followers, shares, or comments;
    5. Promote artificial traffic generation services;
    6. Operate multiple GotChosen accounts under false or fraudulent pretenses, including coordinated attempts to manufacture inauthentic activity, distribute commercial spam, or otherwise coordinate a scaled violation of GotChosen policies;
    7. Posting too many posts in a short frame of time;
    8. Posting similar or the same content often;
    9. Following and unfollowing accounts massively in a short frame of time;
    10. Liking and commenting on posts massively in a short frame of time;
    11. Send direct messages to other accounts massively in a short frame of time, or;
    12. Without cause for any reason.

    Termination will become effective upon GotChosen’s delivery of a termination notice through the Platform.

    You may terminate your participation in the Program at any time by following the cancellation process set forth on the Influencer dashboard accessible via the Platform.

    Upon termination, GotChosen shall have no further payment obligations hereunder, provided that if the balance owing to Influencer at the time of termination exceeds the minimum payment threshold of $5.00 USD, GotChosen will pay all such undisputed amounts that accrued in compliance with these Monetization Terms within a reasonable time after termination. If GotChosen terminates Influencer from the Program for cause, Influencer forfeits all unpaid amounts accrued but not transferred to Influencer’s Payment Account as of the effective date of termination, and GotChosen may withhold any amounts otherwise payable to you. Influencers that are terminated from the Program for cause are ineligible to re-apply for participation in the Program, at GotChosen’s sole discretion.

    Influencer must contact GotChosen regarding any dispute arising out of payment, perceived accounting or reporting errors, or termination within 30 days of such issue arising. All disputes not raised within such 30-day period shall be deemed waived and by Influencer.

  6. Representations and Warranties

    Influencer represents and warrants:

    1. Influencer is over the age of 18 or authorized by a legal guardian and otherwise has full right, power, and authority to enter into these Monetization Terms on behalf of themselves and any entity for whom they are acting;
    2. Influencer has read, understands, and agrees to follow the Policies;
    3. Influencer will make any required payments to any third parties required with respect to Influencer’s content and no payment to any third-party shall be due by GotChosen for the activities described in these Influencers Monetization Terms;
    4. Influencer shall not solicit or employ the use of any method, software, automated script, technology which attempts to artificially increase ad impressions, content views or interactions with Influencer’s content, including for purposes of inflating the number of Ad Impressions or amounts payable hereunder; and
    5. Influencer’s participation in the Program will not violate any contract or agreement that Influencer is a party to or otherwise bound by, or otherwise interfere with any third-party rights or obligations.
  7. Confidentiality and Publicity

    Subject to the terms of this section, the details of any reporting metrics that may be provided by GotChosen or other non-public information contained or resulting from this Program shall be kept strictly confidential by Influencer and Referred Influencer and not published or shared with any third party, except to legal or professional advisors under an obligation of confidentiality. Influencer understands that GotChosen may issue an official press release relating to the Program and Influencer’s participation in the Program, provided any inclusion of Influencer will not be subject to any prior consent of the Influencer. And no compensation will be made to the Influencer.

    Notwithstanding the foregoing, GotChosen reserves the right to publicly designate Influencer as a participant in the Program, and Influencer represents and warrants that Influencer shall clearly and conspicuously disclose Influencer’s participation in the Program when making any endorsement of GotChosen (including a disclosure, such as number of ad impressions or other organic disclosure, placed in copy, in voiceover in a video, or through superimposed script on an image, as applicable, that communicates to a viewer that Influencer participates in the Program), whether in content posted on the Platform, or in content posted in third-party media.

  8. Independent Contractor

    The parties acknowledge that their relationship is that of independent contractors and nothing contained in these Terms will be deemed to create or be construed as creating any partnership, joint venture, or employment relationship with GotChosen or any third party. For the avoidance of doubt, Influencer agrees that Influencer is not an employee of GotChosen and is not entitled to (and also hereby waives to the maximum extent allowed by law) any benefits provided or rights guaranteed by GotChosen, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance.

  9. Governing Law.

    This Agreement shall be construed and enforced according to the laws of Orange County, in the State of Florida, US and any dispute under this Agreement must be brought in this venue and no other.

  10. Miscellaneous

    GotChosen may modify any of the terms and conditions contained in these Monetization Terms, at any time and in its sole discretion. GotChosen will endeavor to provide notice to Influencer of any Program modifications; provided, however, that GotChosen is not responsible for Influencer’s failure to receive notice of changes, and Influencer agrees to review the Policies and any updated Monetization Terms to ensure that Influencer is familiar with the most recent version of such Monetization Terms and Policies. Influencer’s continued participation in the Program following the public posting of updated Monetization Terms to Influencer shall constitute Influencer’s acceptance of the updated Monetization Terms. If Influencer does not agree to any updated Monetization Terms or Policies, Influencer may terminate their participation in the Program at any time.

    The failure of GotChosen to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Monetization Terms shall not constitute a waiver of such rights. Influencer may not assign, transfer, or delegate any rights or obligations contained in these Monetization Terms. GotChosen may assign these Monetization Terms at its option without prior notice to Influencer.