Creator Video Ads Beta Program Terms

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Effective as of: January 3, 2024

 

Creator Video Ads Beta Program Terms

These Creator Video Ads Beta Program Terms (“Terms”) are between you and X Corp., on behalf of itself and its Affiliates (collectively, “X” or “we”) and govern your participation in X’s Creator Video Ads Beta Program (the “Beta Program”). In these Terms, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with X, and “you,” “your,” or “Creator” means you, an individual, company or any other entity with a X account participating in the Beta Program. If you are entering into these Terms on behalf of an entity, you represent and warrant you are authorized on such entity’s behalf.

These Terms supplement and incorporate X’s Ads Revenue Share Terms by reference. Your participation in this Beta Program is subject to the Ads Revenue Share Terms. Your participation in this Beta Program is also subject to the X Terms of Service, the X Privacy Policy, the X Rules and policies, the Creator Monetization Standards, and all policies incorporated therein (collectively, the “X User Agreement”).

 

1. Beta Program

The Beta Program is a beta test of a new creator monetization feature subject to Section 9 of the Ads Revenue Share Terms. YOU EXPRESSLY ACKNOWLEDGE THAT THE BETA PROGRAM (OR FEATURES THEREOF) IS EXPERIMENTAL IN NATURE AND/OR IN A BETA PHASE AND AGREE THAT ACCESS TO AND/OR USE OF THE BETA PROGRAM IS AT YOUR SOLE RISK.

Under the Beta Program, you may compose organic, non-promoted posts containing video content (which may include live or other streaming video content) (“Content”) that you designate for monetization using certain categorization criteria (e.g., content categories or exclusionary advertising categories) (“Categorization Criteria”). Subject to the Categorization Criteria you select, and in X’s sole discretion, X may serve video ads made available by its third-party advertisers in conjunction with your Content (“Video Ads”). In X’s sole discretion, X may also serve your Content in conjunction with Video Ads it serves users within its ad inventory (e.g., as content in the timelines of users who do not follow your account). The third-party advertisers shall include, for example, advertisers participating in X’s Amplify Program as described here (“Amplify Program”). 

Any content you designate under the Beta Program will be monetized only at X’s sole discretion. X does not represent or warrant that any or all of your content will be monetized.

 

2. Licensing

Subject to these Terms and the User Agreement, X grants you access to the Beta Program solely for purposes of listing and providing available Content to include as part of the Beta Program inventory during the Term. Nothing in the Agreement shall be construed as X granting you any right, title or interest in or to X’s intellectual property or any other X proprietary rights. Any rights not expressly granted in this Agreement are reserved by X or You, as applicable, and all implied licenses are disclaimed.

Subject to these Terms and the User Agreement, you grant X, a non-exclusive, non-transferable, royalty-free, worldwide (except as otherwise agreed by you and X in writing, email to suffice) license to (i) use, publicly display, copy, reformat, modify, broadcast, re-broadcast, transcode, encode and distribute any Content that you have made or will make available to X for use in connection with the Beta Program, and (ii) market and promote you and your Content in accordance with this Agreement using your name(s), image and likeness (as depicted in Your profile photo), @handle(s), trademarks, logos and/or other proprietary or creative assets designated, approved or made available by you during the Term in connection with this Agreement. X will have the right, in its sole discretion, to retain third-party service providers (and their contractors) to provide services to enable X to exercise the rights granted hereunder, including (if applicable) the limited right to sublicense such Content solely for the purpose of, and only to the extent required to, use the services of such third parties. The above grant of rights includes, without limitation, all required rights and licenses to X to enable streaming broadcasts, replays and re-broadcasts, and video on-demand replays and re-broadcasts, of all Content, in whole or in part, on the X Service, including via a X video player embedded on third-party digital properties.

 

3. Participation in Beta Program

Your participation in the Beta Program is subject to acceptance and approval by X, in X’s sole discretion, and is also subject to the eligibility criteria set forth in X’s Ads Revenue Share Terms and related Help Center pages. 

X does not endorse your Content and is not liable for your Content. X has no obligation to monitor Your Content or Media. Notwithstanding the foregoing, X reserves the right to refuse, reject, cancel, suspend monetization of your Content for Video Ads, or remove your Content, if X, in its sole and absolute discretion, deems it (i) objectionable, (ii) erroneous, (iii) illegal, (iv) fraudulent, (v) potentially harmful to Beta Program or Amplify Program, or X, or (vi) it otherwise violates these Terms, the Ads Revenue Sharing Terms, the User Agreement, or X policies.

 

4. Additional Obligations and Restrictions

You are responsible for complying with the obligations and restrictions set forth below. 

(a) Your Content. You are solely responsible for providing and making your Content available for use in the Beta Program via your account or any other means provided or specified by X, and all aspects of your Content, including the handling of all user inquiries of any type or nature relating to your Content. You are solely responsible for reviewing and selecting any Categorization Criteria applicable to your Content.

(b) No Child-Directed Personal Information. You represent and warrant that you will not collect, solicit or transmit any "Personal Information" (as defined under the Children’s Online Privacy Protection Act ("COPPA")) about or relating to an individual under the age of 13.

(c) No Solicitation. You recognize that X has proprietary relationships with Advertisers and other third party content providers that may participate in the Amplify Program. During the term in which you participate in the Beta Program, you are strictly prohibited from soliciting and/or engaging with Amplify Program Partners for the purpose of directly selling advertising inventory to run in conjunction with your Content on the X Service without X’s prior written approval. For clarity, nothing in this section is intended to restrict you from soliciting business from or engaging in business with any advertiser or content provider for purposes unrelated to content monetization opportunities on the X Service. 

(d) Closed Captioning.  If and to the extent that you are required by applicable law, rule and/or regulation (including, but not limited to, any of the applicable rules, regulations and/or guidelines issued by the United States Federal Communications Commission and/or any equivalent or analogous international body) to provide, or have access to provide, closed captioning metadata files (“Closed Captioning Data”) for any individual item of Content that you have made available or will make available to X for use in connection with the Beta Program, you will provide such Closed Captioning Data as part of such Content. 

(e) Other restrictions: Except as expressly set forth in these Terms or the User Agreement, you will not, and will not allow any third party to: (i) directly or indirectly access or activate any feature or functionality of the Beta Program or Amplify Program or any other X technology, content, software, materials and/or documentation (collectively, the "X Materials") during the Term (as defined below); (ii) create or attempt to create a substitute or similar service or product to the Beta Program or Amplify Program through use of or access to Your Account, any X Materials or proprietary information related thereto; (iii) use or modify any feature or functionality of the Beta Program or Your Account to collect or solicit personally identifiable information; (iv) include any defamation, libel or slander of any third party within Content; or (v) interfere, tortiously or otherwise, with the contracts and relationships of X, its officers, directors or employees. 

 

5. Termination or Withdrawal from the Beta Program

These Terms will commence on the date you accept these Terms (regardless of whether or not you are accepted into the Beta Program) and will continue until (i) it is terminated by either party as provided in the Terms, or (ii) X releases a generally available version of the Beta Program on the platform. If X releases a generally available version of the Beta Program, these Terms automatically terminate (unless otherwise specified by X). 

X may terminate these Terms, your participation in the Beta Program, and the Beta Program itself at any time, with or without cause, in X’s sole discretion by choosing to halt monetization of your Content or otherwise providing you notice that you are no longer a participant in the Beta Program. Additionally, X reserves the right to terminate your participation in the Beta Program, if you misrepresent yourself or your account; violate these Terms, the X User Agreement, or any applicable laws; or no longer meet the eligibility requirements to participate in the Program. Upon termination of these Terms and/or your participation in the Beta Program: (a) the rights and obligations under these Terms will immediately cease, (b) any and all liabilities accrued before the effective date of the termination will survive, subject to the Ads Revenue Share Terms

If you wish to cancel your participation from the Beta Program, you may choose to opt out of monetizing your Content. If you wish to cancel your participation from the Ads Revenue Sharing Program, you can do so by following the steps to cancel via the Help Center guide. Upon cancellation, you will be paid your remaining funds above the minimum amount of $10.00 USD. You waive your right to all other funds.  

 

6. Data Use

You may use data made available to you in connection with this Beta Program, if any, solely for internal use to manage your Account(s) with us. You will not publish such data, create profiles of our users, or use such data for purposes of matching, identifying or retargeting users on or off the X Service, without X’s express prior written approval. Any data collected and/or used by X in connection with performing its obligations under this Agreement or operating the Beta Program shall comply with X’s Privacy Policy.

 

7. Relation to Amplify Program

If you are party to an Amplify Publisher Program Agreement or similar Agreement between you an X in which you act as an Amplify Publisher under X’s Amplify Pre-Roll Program, the terms of the Amplify Publisher Program Agreement or similar Agreement shall control. In that case, these Terms shall have no force and effect solely to the extent they apply to your monetization of Video Ads.