Terms of Service
The Marion Nails France Creators Fund (“Creator Fund”, “Fund” or “Program”) is a compensation program offered to all users and owners of Marion Nails France products allowing them to monetize content in video format (“content( s)”) created and published on the TikTok and Youtube social networks (“platforms” or “social networks”) highlighting Marion Nails France (the “Brand”) and/or its products.
The purpose of the Fund is to reward our customers and users who participate directly or indirectly in the promotion of the Brand, by posting content allowing them to discover it, in particular testimonials, opinions, demonstration of use or any other type of praise video.
These Marion Nails France Designer Fund Terms and Conditions govern your (any participating person or entity is referred to as "you", "your" or "Designer") participation in the Designer Fund Program through the Site. marion-nails-france.com (" We ").
Upon expiration or termination of the Program or Creator's participation in the Program, the Policies will remain in effect and continue to apply.
We reserve the right to make changes to these Terms at any time and at our sole discretion. If we make changes to these Terms, we will notify you by adding the date of the change to the top of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of those changes. Please review these Terms periodically and check for updates.
I - Eligibility and registration for the Creator Fund
- You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to be eligible for the Creator Fund.
- By applying for membership in the Program, you agree to provide accurate, truthful, current and complete information and to maintain and promptly update your information if it changes.
- You must apply for membership each time you wish to submit a video to the Program.
- In order to apply for membership in the program for a video, you simply need to click on the button Submit a video at the bottom of the Creators Fund page no later than 24 hours following the publication of the video, and complete the membership form in its entirety. In particular, you must ensure that you send us the code of the video or the access giving us the necessary authorizations in order to ensure that you are indeed the author of the video but also in order to allow us to use it and possibly share it on our own. social networks.
The instructions for providing us with these accesses are detailed on the Submit my video form page or directly via the following link:
- Before applying for membership, you must ensure that your video meets all of the eligibility conditions listed below.
B) Content Eligibility Requirements
- The video must be in French;
- For Youtube: the video must contain the brand name in the title of the video and the link to our website marion-nails-france.com in description.
For TikTok: the video must contain the hashtags #marionnails and #marionnailsfrance and the tag @marionnailsfrance;
- The video must be centered on the Marion Nails France brand and products, and promote them directly or indirectly*, in order to share your discovery and satisfaction and make viewers want to discover our brand in turn;
- The Brand must be easily identifiable on the video, through the presence of the logo or through an oral mention in the audio of the video, so that anyone seeing the video ("Viewers"), including a person who does not know not the latter, is able to assimilate and distinguish the Brand and/or its products. The video must leave no doubt regarding the identification of the Mark.
- It is forbidden to promote other brands in the videos;
- It is forbidden to share an affiliate promotional code in the video or under the video (including in comments or in the form of hashtags).
Our creator fund is not compatible with our affiliate program for our ambassadors. You can join both programs, but you can't use both programs at the same time for the same video.
For example, you can use the ambassador program for Reels or Instagram stories or for word of mouth, and the Creator background for your TikTok and Youtube videos;
- Your video content should be unique. It is forbidden to repost the content of another user, in particular the content published by the accounts operated by Marion Nails France, in particular (@marionnailsfrance).
* The content does not have to be promotional in nature and it can be videos such as testimonials, unboxing, product demonstrations, etc. However, the video must remain positive and laudatory towards the Brand.
By applying and participating in the program, the creator agrees to the following:
II - TERMS
- In order to avoid abuse and spam, only five videos per month, per user and per Platform can be eligible for the Fund (ie five for TikTok and five for Youtube).
You can however submit more than five videos per month to our Program but only your five videos having generated the most views will be taken into account in the calculation of your remuneration.
- Each user (natural or legal person) can only benefit from the program for one of their accounts per Social Network (ie via a single TikTok account and via a Youtube account).
It is strictly forbidden for the same user to submit his videos to the Creators Fund via different accounts for the sole purpose of circumventing the limit of five videos per month, per user and per Platform.
- Marion Nails France may reject an application if Marion Nails France determines (in its sole discretion) that the Creator does not meet the eligibility requirements of the Program or that their video does not comply with the Terms. If the Creator's request is rejected for a video, the Creator may re-request for another video, but the Creator will not receive earnings for the rejected video(s).
- Marion Nails France may permanently exclude a user from its Program if Marion Nails France notices (in its sole discretion) repeated attempts to circumvent the Conditions.
Marion Nails France cannot be held responsible for the content you post, nor be associated with any infringement contained in your video.
By submitting your video to our program, you acknowledge that you have taken all necessary measures to ensure the compliance of your content.
- Marion Nails France is not responsible for incorrect or inaccurate information provided by a Creator. You represent and warrant that all information you submit in your video is true and accurate, and that you maintain the accuracy of such information at all times.
- Subject to the Creator's compliance with the Terms at all times, and for a minimum of thirty (30) days following the validation of the membership form, and confirmation by Marion Nails France that the Creator's videos are in good standing, Marion Nails France will pay the Creator a sum (“Remuneration”), net of all third party transaction fees, which is based on the total unique video views (“Views”) of the Creator for the Eligible User Content which complies with the present Creator Fund Terms.
This excludes views that Marion Nails France determines, in its sole discretion, to be artificially produced or obtained, paid or incentivized views (see II-A) 4.), the Creator's own views or those acting in concert with the Creator to inflate video views, or otherwise violate these Terms, including any attempt to manipulate statistics regarding the number of video views.
- The Remuneration is calculated according to a progressive scale which includes, depending on the number of Views and the Platform on which the content is published, several tranches each corresponding to a different rate of remuneration. The calculation method used to determine the amount of the Remuneration is detailed on the Creator Fund page. A simulator is also available to accurately estimate the Remuneration based on the number of views taken.
- To determine the Compensation, views of eligible content are taken into account for a duration of 30 days for a TikTok and Youtube Shorts video and for 180 days for a standard Youtube video, from the date of the publication of the video.
This duration is not applicable from the moment when one of the Conditions required for your video to be eligible is no longer respected, in particular if the authorization rights for the exploitation of the videos are withdrawn (see IA) 4. ).
In the event that one of the Required Conditions is no longer met before the minimum period of 30 days following validation of the membership form, you will not be eligible for any Remuneration (cf. II-).
- In addition to the Remuneration, Marion Nails France can offer a fixed bonus of fifty (50) EUROS for each video which will be selected in order to be exploited, republished or boosted, via the advertising services of TikTok or Youtube ("paid views") ).
This fixed bonus is a supplement and is added to the Remuneration determined by the number of views achieved.
Paid views will be determined according to metrics directly provided by TikTok through its advertising service ( https://ads.tiktok.com/help/article/all-metrics?lang=fr ), and the impression indicator will be used in order to deduct the paid views from the total views displayed publicly.
- From time to time, and at Marion Nails France's sole discretion, Marion Nails France may modify the payment structure on a prospective basis and/or offer other accumulation payment methods.
B) Independent Contractor
- The Creator accepts and acknowledges that the Creator is solely responsible for all taxes, contributions, commissions or other sums resulting from payments from Marion Nails France.
The Creator agrees and acknowledges that he is solely responsible for all tax liabilities owed to all tax authorities arising from his participation in or in connection with our program.
Marion Nails France will not withhold any taxes or duties of any kind from the payments. The Creator accepts and acknowledges that this Program does not correspond to an employment contract or a partnership contract.
If the Creator is a professional, an invoice may be required before payment of the Remuneration.
The Creator further agrees and acknowledges that Marion Nails France reserves the right and is authorized to withhold from such payments any amounts it is required to withhold and remit to any governmental authority under applicable law, and that such amounts withheld will be treated as paid to the Creator by Marion Nails France.
- The parties acknowledge that their relationship is that of independent contractors and that nothing contained in these terms shall be deemed to create or could be construed to create a partnership, joint venture or employment relationship with Marion Nails France or any third party. To avoid any confusion, the Creator agrees that he is not an employee of Marion Nails France and is not entitled to any advantage offered or right guaranteed by Marion Nails France, or by the operation of the law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, retirement or unemployment insurance plans, and also waives any such rights in the maximum extent permitted by law.
C) Terms of payment
- Every first day of the month, Marion Nails France will declare the amount of funds accumulated during the previous monthly period, which will be calculated and payable in euros.
- Creator may receive funds available in Creator's Payout Account if the total amount of funds owed to Creator equals or exceeds the minimum payout threshold of $10.00 and Creator remains in compliance with these Creator Fund Terms. . All transfers to the creator's payment account must be equal to or greater than 10.00 EURO, unless expressly authorized otherwise by Marion Nails France in its sole discretion.
- Payment may be issued to Creator on behalf of Marion Nails France by subsidiary or affiliated entities or other authorized payers, who may act as payer under these Creator Fund Terms.
- Any funds accumulated during a reporting period, but which do not reach the minimum payout threshold of EURO 10.00, will not be eligible for transfer until the funds meet or exceed the payout threshold minimum.
- If the funds accumulated during a reporting period are greater than the minimum amount of 10.00 EURO, the funds will be paid automatically by Marion Nails France according to the payment preferences chosen by the Creator when submitting his application. membership.
- The Creator is responsible for linking and maintaining an accurate and up-to-date Payment Account that complies with these Creator Fund Terms and the Terms of its Payment Account Provider, and Marion Nails France shall not be liable for any delay, the failure or inability to transfer the payment to the Creator's Payment Account for a reason attributable to it.
Marion Nails France will not be responsible for transaction fees or charges related to the use or operation of the Creator's payment account.
- The remuneration takes place via a) PayPal, b) SEPA bank transfer or c) in the form of a gift voucher on the Site.
You will be able to choose your preferred payment method and enter your IBAN or PayPal account information when submitting the application form.
- In the event Marion Nails France determines at any time, in its sole discretion, that Video Views or related content (i) artificially produced or obtained, (ii) paid for, or (iii) otherwise obtained in violation of these Fund Terms Creator, have been taken into account by mistake in the calculation of the Remuneration, the surplus paid will be deducted from future Remuneration.
If no future payment is due, the Designer shall reimburse Marion Nails France for any amount due within thirty (30) days of receipt of written notification. Any adjustment or refund is without prejudice to any other rights or remedies Marion Nails France may have arising from the Creator's breach of these Creator Fund Terms.
- Marion Nails France may at any time, without providing warning or notice, temporarily suspend further payments to your Program account, including due to suspected invalid or fraudulent activity or your failure to comply with these Terms.
- Marion Nails France may terminate or suspend the Creator's participation in the Program immediately and at its sole discretion: (a) if the Creator violates these Terms, including, without limitation, for non-compliance or failure to maintain the requirements of eligibility; (b) if the Creator becomes involved in a situation or event that could reflect negatively on the Creator or on Marion Nails France (including the Program, the brand or any employee of Marion Nails France); and (c) without cause for any reason.
The termination will be effective as soon as Marion Nails France has issued a notice of termination via the Platform.
- You can terminate your participation in the Program at any time, for one or more videos, by withdrawing the authorizations that must be granted to us (cf. IA) 4.).
- Upon termination, Marion Nails France will no longer have any payment obligation hereunder, unless the balance due to the Creator at the time of termination exceeds the minimum payment threshold of 10.00 EURO. If applicable, Marion Nails France will pay all undisputed amounts that have accrued in accordance with the Creator Fund Terms within a reasonable time after termination.
- If Marion Nails France terminates the Creator of the Program for a reason attributable to the Creator, the Creator loses all unpaid amounts accumulated but not transferred to its Payment Account on the effective date of the termination, and Marion Nails France may withhold any amount otherwise payable. Designers who are terminated from the Program for cause are not eligible to reapply for participation in the Program, at the sole discretion of Marion Nails France.
- The Creator must contact Marion Nails France at firstname.lastname@example.org regarding any dispute arising out of payment, accounting or reporting errors, or termination, within 30 days of the issue arising. Any dispute not raised within this 30-day period will be deemed abandoned by the Creator.
E) Representations and Warranties
Creator represents and warrants that: (a) Creator is 18 years of age or the age of legal majority in his or her place of legal residence (if an individual) and has by elsewhere the right, power and authority to agree to these terms for himself or any entity for which he is acting; (b) the creator has read, understood and agreed to abide by the Terms; (c) the creator will make all required payments to any third parties required for the content created and no third party payments will be due by Marion Nails France for the activities described in these creator fund terms; (d) the Creator shall not solicit or use any method, software, automated script or technology to artificially increase views or interactions with the Creator's User Content, including for the purpose of inflating view counts video or amounts payable under this Programme; and (e) Creator's participation in the Program will not violate any contract or agreement to which Creator is a party or otherwise bound, or otherwise interfere with the rights or obligations of any third party.
F) Confidentiality and Publicity
- Subject to the terms of this section, details of any reporting metrics provided by Marion Nails France or any other non-public information resulting from this Program shall be kept strictly confidential and shall not be published or shared with third parties except to legal or professional advisers bound by confidentiality.
- The Creator understands that Marion Nails France may publish an official press release relating to the Program and its participation in the Program. Any mention of the creator will be subject to the prior written consent of the Creator
- Notwithstanding the foregoing, Marion Nails France reserves the right to designate the Creator on its social networks or its website as a participant in the Program.
- In accordance with the regulations in force, the creator declares and guarantees that he will indicate in a visible manner, if necessary, his participation in the Program when he makes a recommendation for Marion Nails France (through for example a disclosure such as #paid or #fondcreateur or any other organic disclosure, placed in the description, in the voiceover of a video, or through a script superimposed on an image, to communicate to a viewer that the creator participates in the Marion Nails France Fund and is likely to receive payment from Marion Nails France).
G) Exploitation of image rights
- By joining the Program, completing the membership form and granting the necessary authorizations for the exploitation of its video for commercial purposes, through in particular, but not exclusively, the video advertising boost function, via the advertising services of TikTok (Spark Ads), the Creator authorizes, for a period of 365 days, Marion Nails France, its agents or third party beneficiaries, to reproduce, publish, broadcast, exploit, promote and boost any video submitted to the Program, on all material and immaterial media, in all formats, in particular, without this list being exhaustive: paper medium, catalogs and various editions, digital and audiovisual media, in particular cinema, TV and by all means inherent in this mode of communication, Internet (including Intranet , Extranet, Blogs, social networks), all reception vectors combined (smartphones, tablets, etc.), press media (television commercials, cinematographic commercials), internal communication media, promotional media in all places, all sizes and on all mediums.
- In the event that the Creator wishes to withdraw this authorization to use his image rights, for one or more videos, he can contact us at any time or proceed directly to the Termination (cf. D).
- The full exploitation authorization of the video is a condition in its own right of this Program. In the event that this condition is breached, the video concerned or the Creator are deemed to no longer be eligible, with all the consequences that this entails on current or future Remuneration (see II-A)3.)