SPECIAL TERMS AND CONDITIONS

Talent Web Academy

SPECIAL TERMS AND CONDITIONS APPLICABLE TO THE TALENTS

SPECIAL TERMS AND CONDITIONS APPLICABLE TO THE TALENTS

Whomever creates a Talent Space on the Site accepts these Special Terms and Conditions without reserve.

These Special Terms and Conditions are also applicable to Talents whose aim is to define the rules of use of the website “ www.talentwebacademy.com”.

Browsing of the website automatically implies the full acceptance by any website user of the Site’s General Terms and Conditions of Use.

The Talent’s use of the services fully implies the full acceptance of SAMPLEO’s Personal Data Processing Policy in its entirety.

1. DEFINITIONS

Account: indicates the Talent’s personal account opened on the social media network concerned (e.g.: Instagram, etc.)

Special Terms and Conditions: indicates these special terms and conditions applicable to the Talents using the Services of the Site.

Contents: indicates the creations produced by the Talent on their account as part of a Programme.

Talent Space: indicates the Talent’s space and environment opened as part of Talent Web Academy that is accessible from the time of registration.

Partner Brand: indicates the third-party company presenting a particular Operation as part of Talent Web Academy in order to benefit from the Talent’s means of communication.

Operation: indicates the Operation proposed by the partner Brand as described in the Talent Space.

Programme: indicates the advertising programme in which the Talent participates as part of adherence to the partner Brand brief, after having applied to run the Operation concerned.

Service: indicates the service offered on Talent Web Academy from the Site.

Site: designates the Talent Web Academy website that is accessible from URL address: https://www.talentwebacademy.com

Talent: in this context indicates an Influencer who is registered in their personal capacity on social media networks, who may or may not be a beneficiary of generated revenue, and who has chosen to participate in Talent Web Academy having legitimately opened their Talent Space.

Talent Web Academy: in this context indicates the platform operated by SAMPLEO that allows the Talent to access the Service from their Talent Space.

2. DESCRIPTION OF THE SERVICE

The Service is intended for Talent, who, by means of their status and media exposure are sufficiently active on their Accounts to run a community of subscribers and who want to improve the use of said Accounts.

Thus, once logged in to their Talent Space, the Service allows Talents to access:

  • presentations for partner Brand Initiatives
    One section of the Talent Space is reserved for proposals for Operations with Talent Web Academy partner Brands.
    The Operation proposal sets out the working relationship between the Talent and the partner Brand, a description of the product to be received or the event in which to participate.
    If the Talent is interested in the Operation presented by Talent Web Academy, they can apply to join using the “Participate” (“Je participe”) button.
    The profiles of the Talent applicants accepted by the Brand will then be enrolled in the programme and they will need to follow the brief set by the partner Brand.

In the event that participation is paid for, a special contract shall be entered into as part of the working relationship, with said contract needing to be signed and returned to the contract issuer within sixty days calculated from the date of issue. Once the Initiative has been completed, the influencer shall send an invoice relating to the service provision as well as their full bank account details to the contract issuer, within sixty days at most, calculated from the date of the Operation’s completion. Beyond this timeframe, the COMPANY shall not be liable for remunerating the influencer. Said invoice relating to the service provision shall be payable in Euros at sixty days calculated from the date of issue, via bank wire directly into the influencer’s bank account.

  • academic training and tips on how to grow the audience of the Account
    In their Space, Talent can access online courses on a variety of topics (tools, legal items, marketing, etc.). This training is available to the Talent and can be viewed by said Party at their own discretion.
    It also includes an “assessment” tab at the end of the section to check that the Talent has gained an understanding of the content offered. Talent Web Academy may reserve the right to give preference to certain Operations for particular Talents who have completed all or part of the training offered.

The Service is provided to Talents at no cost in exchange for adherence to the specific terms and conditions described below.

3. REQUEST FOR REGISTRATION WITH TALENT WEB ACADEMY

a. Conditions for registration

To be able to submit an application to join Talent Web Academy, the Talent is obligated to adhere to the following terms and conditions:

  • Be a major in the legal sense in their country of residence.
  • Have an Instagram account with a minimum number of subscribers (1,500 subscribers minimum in France – a figure that can vary depending on the Talent’s country of residence).
  • Never to have attempted to or successfully increased the number of subscribers to their Account in an artificial manner.
  • Adhere to these Special Terms and Conditions and expressly accept Talent Web Academy’s Privacy Policy.
  • Accept that Talent Web Academy may collect, by any means at its disposal, information relating to the Talent’s Account for statistical and reporting purposes to partner brands.
  • All Talent Accounts are examined by SAMPLEO teams prior to registration on Talent Web Academy.
  • SAMPLEO reserves the right to not grant registration to a particular Talent on Talent Web Academy, without being required to share the reason.

By creating a Space on Talent Web Academy, the Talent guarantees that the information entered for the opening of their account – as well as any other information provided at any time during the account’s period of validity – is correct, truthful and personal.

b. Registration methods

A web user’s application for registration for the purpose of opening their Talent Space is submitted via a dedicated Site interface in several steps:

  • Step 1: Submission of an application Through Instagram Connect, the web user is asked to choose their favourite photos in their Account and to complete their registration by adding a contact email address which they must confirm through a contact confirmation email.D
  • Step 2: Each week “candidate” accounts are evaluated by one of SAMPLEO’s internal teams, the members of which determine the relevance of the Account to Talent Web Academy.
  • Step 3: Talents who are admitted are asked to complete their “Talent” profile including the following information (Last name, First Name, age, areas of interest, professional activity, residential address, number of children). The Talent undertakes to update this profile as needed should changes need to be made.

4. RIGHT OF USE OF SERVICES

The Talent can view the Services, including tutorials and academic training tools, made available to the Talent on the Site exclusively and to them personally.

Through these provisions, SAMPLEO grants the Talent personal, free, non-transferable and non-exclusive permission to use the Services made available to the Talent on the Site. he sole purpose of this permission is to allow the talent to use and benefit from the Services provided by SAMPLEO within the exclusive framework of these Special Terms and Conditions.

The Talent is not permitted to extract said Services from the Site, nor to copy, modify or broadcast them to any target audience whatsoever, or to duplicate, decompile, copy, sell, market or resell this training for any purpose whatsoever, nor to create spin-off works, or conduct reverse engineering.

The Talent may not transfer (or sub-license) its rights of use of the Service, assign any real security to the Service or its rights of use, nor transfer in any other way all or part of its personal rights of use of the Service.

5. RIGHTS OF USE FOR TALENT CONTENT

a. As part of the Service and for each new Programme that SAMPLEO entrusts to the Talent, the Talent expressly transfers to SAMPLEO and to the Brand concerned by the Operation, all intellectual property rights related to the Content produced as part of said Programme. Thus, by the simple act of SAMPLEO accepting content proposed by the Talent, carried out on the basis of the indications provided as part of the Operation, all of the intellectual property rights to which the Content may give rise, shall be transferred to SAMPLEO and to the Brand concerned progressively as the Talent publishes said Content on their Account.

The transfer covers the rights of copying, representation and adaptation of all or a part of the Content produced by the Talent as part of the Programme, in the form of republication (sharing, reporting), across all social media networks.
The format used is likely to be the same as that used by the Talent. However, in terms of the right of adaptation, SAMPLEO and the Brand may freely make any modification or adaptation to the Content that they deem useful for their needs (in particular enlargement, reduction, addition, deletion of any element, changing of colours, repositioning of certain elements comprising the Content, etc.).
The Talent grants this transfer in a non-exclusive capacity worldwide, for the protective duration of the intellectual property as provided for by the legislation in force in each country and without being limited by the number of copies and/or representation and/or means of use.

b. The Talent also grants SAMPLEO permission, outside of the Programme and under the same terms and conditions as in the previous paragraph to freely copy, represent and adapt the Content and any facet of its character as well as all the persons represented in the Content for the purposes of promotion of the Services to any audience, on any medium, by any means and any process.

c. The Talent undertakes not to incorporate within the Content any object, brand, or creation that belongs to a third party to the Operation in question. The Talent must therefore not associate the Brand with any third-party products or services.

Thus, the Talent undertakes to only use for shots and illustrations of the Content rights-free elements (in particular styling) or items for which they have acquired ownership rights within the framework of the Brand Programme. In all circumstances, the Talent undertakes, in the event that they would enlist the services of external contributors (authors, illustrators, photographers, models, etc.), to negotiate and acquire, at their own expense, the rights necessary for use of the Content under the Programme under the terms and conditions provided for by the Operation.

In the hypothetical case that the Talent wants to have an item of Content they produced removed from any of SAMPLEO’s operational media, they shall undertake to expressly indicate and in detail which item(s) of Content would be concerned by such a request, by providing the permanent URL of said Content. Such a request may not contravene the terms and conditions determined for the Operation with the Brand.

This section shall persist on termination or expiry of these Special Terms and Conditions for whatever reason.

6. GUARANTEES

a. As part of the Service and for each new Programme that SAMPLEO entrusts to the Talent, the Talent expressly transfers to SAMPLEO and to the Brand concerned by the Operation, all intellectual property rights related to the Content produced as part of said Programme. Thus, by the simple act of SAMPLEO accepting content proposed by the Talent, carried out on the basis of the indications provided as part of the Operation, all of the intellectual property rights to which the Content may give rise, shall be transferred to SAMPLEO and to the Brand concerned progressively as the Talent publishes said Content on their Account.

The transfer covers the rights of copying, representation and adaptation of all or a part of the Content produced by the Talent as part of the Programme, in the form of republication (sharing, reporting), across all social media networks.
The format used is likely to be the same as that used by the Talent. However, in terms of the right of adaptation, SAMPLEO and the Brand may freely make any modification or adaptation to the Content that they deem useful for their needs (in particular enlargement, reduction, addition, deletion of any element, changing of colours, repositioning of certain elements comprising the Content, etc.).
The Talent grants this transfer in a non-exclusive capacity worldwide, for the protective duration of the intellectual property as provided for by the legislation in force in each country and without being limited by the number of copies and/or representation and/or means of use.

b. The Talent also grants SAMPLEO permission, outside of the Programme and under the same terms and conditions as in the previous paragraph to freely copy, represent and adapt the Content and any facet of its character as well as all the persons represented in the Content for the purposes of promotion of the Services to any audience, on any medium, by any means and any process.

c. The Talent undertakes not to incorporate within the Content any object, brand, or creation that belongs to a third party to the Operation in question. The Talent must therefore not associate the Brand with any third-party products or services.

Thus, the Talent undertakes to only use for shots and illustrations of the Content rights-free elements (in particular styling) or items for which they have acquired ownership rights within the framework of the Brand Programme. In all circumstances, the Talent undertakes, in the event that they would enlist the services of external contributors (authors, illustrators, photographers, models, etc.), to negotiate and acquire, at their own expense, the rights necessary for use of the Content under the Programme under the terms and conditions provided for by the Operation.

In the hypothetical case that the Talent wants to have an item of Content they produced removed from any of SAMPLEO’s operational media, they shall undertake to expressly indicate and in detail which item(s) of Content would be concerned by such a request, by providing the permanent URL of said Content. Such a request may not contravene the terms and conditions determined for the Operation with the Brand.

This section shall persist on termination or expiry of these Special Terms and Conditions for whatever reason.

7. THE TALENT’S INDEPENDENCE

a. SAMPLEO shall not exert any administrative control over the Talent and shall not exert any hierarchical or disciplinary authority over the Talent.

b. he Talent’s use of the Service or the Talent’s participation in a Programme does not result in the establishment of any subordination link between the Talent and SAMPLEO and/or the Brand. he Talent’s use of the Service can neither be interpreted as establishing a company duly created, an agent relationship nor any other association or mandate of any nature whatsoever, with each person remaining individually responsible for their own obligations under the terms and conditions of these provisions, with no person being able to bind any other in relation to third parties.

c. In their capacity as an independent user, the Talent shall solely be responsible for the management and risks related to the activity of their Account and shall solely be liable for the payment of any costs, taxes and duties resulting from the maintenance of their Account.

8. THE TALENT’S LOYAL BEHAVIOUR AND GOOD FAITH

a. The Talent guarantees that they have executed the Content within the framework of the Programme in a loyal manner and in good faith.

b. The Talent guarantees that they shall not use their participation in the Programme in order to commit any act of corruption, directly or indirectly.

c. The Talent undertakes to participate in the Programme in accordance with the Rulebook for this particular business arena and in particular to contribute their know-how, experience and expertise, as well as any equipment and software needed for the Content. The Talent is solely responsible for the means and methods that they are to implement as part of these provisions.

d. The Talent undertakes to create Content in accordance with the Brand, Programme and their own community of subscribers to their Account.

e. The Talent shall respect all the laws and regulations (as well as any modifications made to these) that are applicable to the use of the Services and the provision of Content.

f. The Talent shall inform SAMPLEO of any difficulty they could encounter within the framework of execution of the Programme. In particular, the Talent shall immediately inform SAMPLEO by any means whatever to ensure the seamless communication of any fact that may compromise their participation in the Programme.

g. In all circumstances, the Talent shall endeavour to protect the image and commercial interests of SAMPLEO and the Brand and thus not publish any content that is derogatory, defamatory, offensive or rude, or Content that could be likened to clandestine advertising

9. RESPONSIBILITY

The Talent has full responsibility towards SAMPLEO and any third party for damages of any nature that such Parties are likely to suffer caused by the Talent or any employees they may have, or any persons they may call upon to assist with or perform the Programme, with such damage possibly arising both during execution of the work and on completion of the Programme as a direct and/or indirect consequence of the very fact of this service provision.

The Talent states that they are responsible for any submissions and/or claims that third parties may exercise against SAMPLEO as part of the Talent’s use of the Service and undertakes to bear any consequences that may arise as a result of the performance of their service provision

10.SAMPLEO / THE BRAND’S RIGHT OF WITHDRAWAL OF CONTENT

The Talent has full responsibility towards SAMPLEO and any third party for damages of any nature that such Parties are likely to suffer caused by the Talent or any employees they may have, or any persons they may call upon to assist with or perform the Programme, with such damage possibly arising both during execution of the work and on completion of the Programme as a direct and/or indirect consequence of the very fact of this service provision.

The Talent states that they are responsible for any submissions and/or claims that third parties may exercise against SAMPLEO as part of the Talent’s use of the Service and undertakes to bear any consequences that may arise as a result of the performance of their service provision

11. CANCELLATION OF THE TALENT SPACE

The Talent has full responsibility towards SAMPLEO and any third party for damages of any nature that such Parties are likely to suffer caused by the Talent or any employees they may have, or any persons they may call upon to assist with or perform the Programme, with such damage possibly arising both during execution of the work and on completion of the Programme as a direct and/or indirect consequence of the very fact of this service provision.

The Talent states that they are responsible for any submissions and/or claims that third parties may exercise against SAMPLEO as part of the Talent’s use of the Service and undertakes to bear any consequences that may arise as a result of the performance of their service provision

12. CONFIDENTIALITY

The Talent is obligated, both in terms of the content of the provisions of any Operation as well as the information related to the Service to which they may become privy as part of its use, irrespective of the nature of this information in particular on a financial, ethical, economic, technical and commercial level, or owing to it being declared as being confidential by SAMPLEO or the Brand, or owing to its intrinsically personal nature, to:

  • keep it strictly confidential and abstain from communicating such information to any party, except for purposes that are strictly necessary for the effective performance of the Programme,
  • abstain from using such information directly or indirectly, or allow its use by a third party under their control, for any purpose other than for the effective performance of the Programme.

The Talent undertakes to return or destroy, according to SAMPLEO or the Brand’s instructions, any data/information, within a maximum timeframe of two days from the date of receipt of the request.

13. RIGHT OF OWNERSHIP OVER THE SERVICES

The Talent recognises and accepts that SAMPLEO is the owner of all legal rights, titles and interests, in particular and without limits, all intellectual property rights governing the Services or inherent to such Services (whether these rights have been exercised or not, and in all places in the world where these rights may exist).
These Special Terms and Conditions do not allow the Talent to use commercial names, commercial brands, the brands of services, logos, domain names nor any other distinctive sign related to SAMPLEO.
Except with written permission, the Talent accepts by using the Services that no commercial brand, service brand, commercial name or logo of any company or organisation that is likely to lead to confusion in terms of the authorised owner or user of these brands, names or logos, may be used.

14. MODIFICATION OF THESE SPECIAL TERMS AND CONDITIONS

SAMPLEO reserves the right to freely modify the Special Terms and Conditions. Consequently, the Talent is invited to refer to them each time they connect to the Site in order to read the latest version which is permanently available online on the Site. The Talent is free thereafter not to access the Services if the Terms and Conditions do not suit them.

Talents who do not want contractual relations to be governed by the new version of the Special Terms and Conditions must indicate this and, from the date on which the new version takes effect, must stop using the Services.

Any modification shall take immediate effect and shall not apply to the Talents using the Services after said modification.

15. APPLICABLE LAW AND COMPETENT COURT

These Special Terms and Conditions are subject to French law.

In the event of a dispute arising between the Parties concerning the validity, performance or interpretation of the Special Terms and Conditions, the Parties undertake to diligently cooperate, and in good faith, with the aim of finding an amicable solution.
If, however, no agreement has been reached within three (3) months of receipt of a letter notifying the other Party of the existence of a dispute, for any disagreement or dispute which may raise in the interpretation, validity or performance of the Contract, express jurisdiction is awarded to the competent Court within the jurisdiction of the Court of Appeal of Paris, notwithstanding the case of multiple defendants or a guarantee claim, even for emergency procedures or provisional procedures, in summary proceedings or on request.

The obligation to adhere to the aforementioned timeframe does not apply to emergency or provisional procedures, in summary proceedings or on request. For emergency or provisional procedures, express jurisdiction is also awarded to the competent Court within the jurisdiction of the Court of Appeal of Paris.