Branded Content Discovery Feature Terms for Brands
These Branded Content Discovery Feature Terms for Brands (“Branded Content Discovery Terms for Brands”) govern your (referred to herein as you and/or your) use of the Branded Content Discovery Feature (defined below). By using the Branded Content Discovery Feature, you agree to comply with these Branded Content Discovery Terms for Brands. Please read these Branded Content Discovery Terms for Brands carefully. The following definitions apply to these Branded Content Discovery Terms for Brands:
Branded Content means (as defined in our Branded Content Policies) a Creator or publisher's content that features or is influenced by a business partner for an exchange of value, such as monetary payment or free gifts. As used in these Terms, the “exchange of value” includes actual as well as potential compensation. Branded Content Discovery Feature means a Meta Product (as defined in Meta’s Terms of Service) that helps Brands and Agencies identify and connect with Creators who are seeking Branded Content deals and partnerships, as well as any related additional features and services we make available. This feature may be renamed, including as the “Creator Marketplace Program”, from time to time. Creator means any individual Meta user that has been granted access to the Branded Content Discovery Feature for purposes of creating content for a Branded Content campaign.
Brand means the person or entity who is, or whose products and services are, to be promoted through a Creator’s content.
Agency means an agent of one or more Brands that has been engaged by that Brand or Brands to provide marketing services and that uses the Branded Content Discovery Feature in connection with its provision of those services.
Meta, we, our, or us means Meta Platforms, Inc, Meta Ireland Limited, or any related Meta entity.
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If you are using the Branded Content Discovery Feature as an Agency, then:
- you represent, warrant and covenant that: (i) you will obtain, and will maintain, express authorization to act as agent on behalf of each Brand prior to taking any actions on behalf of such Brand; (ii) you will act solely as authorized and/or instructed by the applicable Brand that has authorized you to act on their behalf in connection with the Branded Content Discovery Feature; (iii) you have full corporate right, power and authority to enter into and fully perform your obligations under these terms, including all rights, consents, authorizations and power to agree to these terms and to perform your obligations hereunder and to act as agent to each Brand; and (iv) the performance of your obligations hereunder will not conflict with any obligations you may have to any other party; and
- if required by us, you will ensure that any Brand(s) on whose behalf you access or use the Branded Content Discovery Features agree to these Branded Content Discovery Terms for Brands or other applicable terms or policies.
- You are solely responsible for your use of the Branded Content Discovery Feature and any Branded Content (as defined in the Branded Content Policies at https://www.facebook.com/business/help/221149188908254) (“Branded Content Policies”) resulting from or related to the Branded Content Discovery Feature. Use of the Branded Content Discovery Feature is at your own risk.
- You acknowledge and agree that your use of the Branded Content Discovery Feature is subject to the Meta Platform Terms (currently available at https://developers.facebook.com/terms/dfc_platform_terms/).
- Without limiting Meta’s Terms of Service, you agree to comply with all applicable laws and regulations, including by ensuring that you, and any Creator you work with, provide all necessary disclosures, such as any disclosures needed to indicate the commercial nature of content posted by you or your Creators, including as required under the Branded Content Policies. You also expressly represent that you own or have obtained all necessary rights to any content you make available for use in Branded Content.
- All Branded Content resulting from or related to the Branded Content Discovery Feature is subject to, and you agree to comply with the: (i) Branded Content Policies; (ii) Partner Monetization Policies (currently available at: https://www.facebook.com/business/help/169845596919485?id=2520940424820218); and (iii) Content Monetization Policies (currently available at https://www.facebook.com/business/help/1348682518563619?id=2520940424820218). For clarity, these Branded Content Discovery Terms for Brands do not replace any terms applicable to your purchase of advertising inventory from Meta (including but not limited to the Facebook Advertising Guidelines at https://www.facebook.com/ad_guidelines.php).
- You will only use the Branded Content Discovery Feature and any information or data you receive as a result of your use of the Branded Content Discovery Feature for the purpose of connecting with Creators and only as expressly permitted within the Branded Content Discovery Feature.
- The Branded Content Discovery Feature is a neutral forum where you and Creators can connect. Although Meta makes available the Branded Content Discovery Feature to you and Creators, Meta is not a party to interactions between you and Creators relating to the Branded Content Discovery Feature, including any agreements ultimately entered into by you (or any party on whose behalf you are acting) and Creators with whom you connect via the Branded Content Discovery Feature. Meta does not endorse any Branded Content Discovery Feature user, project or service. You should always exercise due diligence and care when deciding whether to agree to a project, hire a Creator, perform or enter into a Branded Content deal, or communicate or interact with other Branded Content Discovery Feature users, whether online or in person.
- You expressly acknowledge and agree that: (i) Creators are not our employees, agents, or representatives; (ii) we do not, in any way, supervise, direct, or control the performance of any Branded Content deal; (iii)we are not responsible, and will not have any liability or obligations, for any acts or omissions by you, a Creator, or any other users related to performance of a Branded Content deal; and (iv) we make no representations or warranties as to the reliability, capability, or qualifications of any Creators, or the truth, accuracy, completeness, existence, quality, security, suitability, currency, or legality of any service, or information provided by any Creator in connection with the Branded Content Discovery Feature (including any promises, agreements, or terms thereof between you and any Creator which are entered into as a result of using the Branded Content Discovery Feature).
- WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO ANY OF THE FOREGOING, AND ANY AND ALL REPRESENTATION AND WARRANTIES REGARDING THE BRANDED CONTENT DISCOVERY FEATURE AND ANY REQUESTS, PROJECTS, SERVICES, BRANDED CONTENT DEALS AND CONTRACTUAL RELATIONSHIPS ARISING FROM THE USE OF OR RELATED TO THE BRANDED CONTENT DISCOVERY FEATURE. YOU ACKNOWLEDGE THAT THE INFORMATION THAT YOU PROVIDE THROUGH THE BRANDED CONTENT DISCOVERY FEATURE WILL BE USED BY CREATORS TO EVALUATE THEIR DESIRE TO PARTICIPATE IN A PROJECT OR PROVIDE SERVICES. YOU AGREE NOT TO PRESENT FALSE, MISLEADING, OR INACCURATE INFORMATION TO OTHER USERS. WE RESERVE THE RIGHT, BUT DO NOT HAVE AN OBLIGATION, TO UPDATE, CHANGE, OR REMOVE INFORMATION FROM ACCOUNTS ON THE BRANDED CONTENT DISCOVERY FEATURE. WE ALSO RESERVE THE RIGHT TO TERMINATE OUR RELATIONSHIP WITH YOU SHOULD ANY INFORMATION PROVIDED BE FOUND TO BE FALSE, MISLEADING, OR INACCURATE.
- You may not represent yourself as an agent, employee, affiliate, or any other kind of representative of Meta or make any representation, warranty or guarantee by or on behalf of Meta. Meta and you are entering into these Branded Content Discovery Terms for Brands as independent contractors, and nothing in these Branded Content Discovery Terms for Brands will be construed to create a partnership, joint venture, agency, or employment relationship between us.
- You acknowledge and agree that any content (including images or videos), data or information (“Company Content”) made available by you or on your behalf in connection with the Branded Content Discovery Feature is subject to these Branded Content Discovery Terms for Brands. Without limiting the Meta Terms of Service, you hereby grant to Meta and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, and worldwide license to (i) incorporate any or all of your name, trademarks, logos, trade dress or other indicia of origin (“Company Materials”) into content on the Branded Content Discovery Feature as well as marketing materials related to the Branded Content Discovery Feature, and (ii) host, use, distribute, modify, run, copy, perform (publicly or otherwise), display (publicly or otherwise), translate and create derivative works of, the Company Materials and the Company Content (the Company Materials and the Company Content collectively, the “Company Items”); in each case in connection with the Branded Content Discovery Feature or other Meta Products or marketing purposes. With prior written approval from you, Meta may use Company Items in marketing materials to promote the Branded Content Discovery Feature or other Meta Products, such as case studies featuring Company, and promoting the Branded Content Discovery Feature or other Meta Products using: recordings (audio, video, digital, still images and/or excerpts thereof) featuring you and/or your employees and your content in those recordings; quotes, testimonials, and profiles; metrics regarding your use of and participation with the Branded Content Discovery Feature; screenshots depicting your public activity with the Branded Content Discovery Feature or other Meta Products; and additional content or materials approved in writing by you. This license survives even if you stop using the Branded Content Discovery Feature. Any use of your trademarks inures to your benefit. You understand and agree that this license includes the right for Meta and affiliates to: (i) make the Company Content and content containing the Company Materials available to users to use, modify, post, download and share as part of their use of Meta Products; and (ii) promote the Company Content and content containing the Company Materials on the Meta Products and through our marketing, promotional and editorial channels.
- You represent and warrant that: (i) you have the full right and power to agree to these Branded Content Discovery Terms for Brands and to perform your obligations hereunder; and (ii) the performance of your obligations hereunder will not conflict with any obligations you may have to any other party.
These Branded Content Discovery Terms for Brands supplement Meta’s Terms of Service and all other terms, conditions, and policies incorporated therein, including but not limited to the Commercial Terms and Advertising Standards (collectively, the “Meta Terms”). The Program is part of the “Meta Products” under the Meta Terms of Service, and your use of the Program is deemed part of your use of Meta Products. In the event of any express conflict between the Branded Content Discovery Terms for Brands and the Meta Terms of Service, the Branded Content Discovery Terms for Brands will govern solely with respect to your participation in the Branded Content Discovery Feature, and solely to the extent of the conflict. The Branded Content Discovery Terms for Brands do not alter in any way the terms or conditions of any other agreement you may have with Meta. We reserve the right to monitor or audit your compliance with the Branded Content Discovery Terms for Brands and to update these terms from time to time at our discretion, and your continued participation in the Branded Content Discovery Feature constitutes acceptance of those changes.