TERMS AND CONDITIONS TO THE FANATEE CREATOR CAMPAIGN

These Terms and Conditions (“Terms and Conditions”) contain the legal terms and conditions of the Creator Campaign, promoted by Fanatee, Inc. (“FANATEE”), through which influencers (“INFLUENCER”) can register and promote Fanatee’s games on social media.

Summary Table:

1. BROADCAST MEDIA	Social media, website and adnetworks
2. BRAND OR ELEMENT PROMOTED IN THE CAMPAIGN	Any Fanatee game.
3. CAMPAIGN FEATURES	Campaign to promote a Fanatee game, aiming to increase installs.
4. CAMPAIGN NAME	Fanatee – Creator Campaign
5. DESCRIPTION OF THE CONTENT OF THE ACTIONS TO BE PERFORMED BY THE INFLUENCER	Livestream on Social Media Platforms, such as TikTok, Twitch, YouTube Live, Instagram, etc, in which the INFLUENCER shall play any Fanatee game with her/his audience and shall invite and engage the audience to download and play the game. The INFLUENCER shall play some matches against or with her/his followers during his live. In addition, the INFLUENCER may choose to post FANATEE related content on their Social Media Platforms. FANATEE may choose to boost such new content, with prior approval of the INFLUENCER. Livestream on Social Media Platforms related to Fanatee games are hereby collectively defined as “Livestreams”. Any other kind of post, such as videos, photos, texts, on Social Media Platforms related to Fanatee games are hereby collectively defined as “Posts” (“Posts”). All Livestreams’ duration will be determined by the INFLUENCER. In all Content published, the INFLUENCER shall mention the links provided by FANATEE during Livestreams and/or encourage her/his followers to click on the links, download and play the game. The link to install the game must stay in the INFLUENCER’s profile, during the respective Livestream. All Contents must be delivered as agreed upon with FANATEE. The INFLUENCER must play with no-ads. Depending on which Fanatee game, this feature will be given by FANATEE or reimbursed.
6. GAME PARTICIPATION	The INFLUENCER may choose any Fanatee game to stream. For the first Livestream of any FANATEE game: the INFLUENCER must receive the corresponding Appsflyer link to have in their bio in order to track installs and receive payment, unless otherwise specified via email between PARTIES.
7. PRODUCTION OR BROADCASTING DATES OF ACTIONS OR CONTENTS	The INFLUENCER can choose any date and time to stream a FANATEE game.
8. PROMOTION PAGES	Any profile related to the INFLUENCER agreed upon by the Parties.
9. BROADCASTING LOCATIONS	Without limitation: the Content may be broadcast in any location, without territorial limitation.
10. CAMPAIGN DURATION	The term of this Agreement is up to 1 (one) year upon signing ("Broadcast Term") without any limitation of the number of livestreams. If neither Party provides a notice of nonrenewal no less than thirty (30) days prior to the expiration of the term, the Agreement will automatically renew for additional one (1) year terms (each subsequent year after the term).
11. REMUNERATION AND PAYMENT METHOD	PAYMENT FOR VIDEO POSTS Payment Determination: Payment for the first video Post of any FANATEE game by the INFLUENCER, after the acceptance of these Terms and Conditions, is determined by the location of most of the INFLUENCERs audience, equivalent to at least 50% of the total audience (“First Post”). The payment breakdown based on primary audience location and will be detailed in the Commercial Terms \| Creator Campaign that will be sent by FANATEE to the INFLUENCER upon accpeting these Terms and Conditions Conditions for Payment: In order to receive payment for the First Post, the INFLUENCER must: (a) Create a video of approximately one minute in length (between 50 and 60 seconds) of any FANATEE game. (b) INFLUENCER must record a video playing/showcasing the complete gameplay (not cropped) while commenting/narrating: either as a with a video recording that shows the INFLUENCER playing/interacting with the game (split-screen, vignette, etc.) or an audio recording related to the gameplay. (c) Video must include the logo (to be provided by FANATEE) of the game being played. (d) Provide SparkAds code with a 365-day validation, or approve request to boost (partnership ad permissions) on Instagram, to FANATEE. (e) Upload the original video onto a shared Google Drive to be provided by FANATEE. (f) Video must be approved by FANATEE before it is posted on the INFLUENCER’s social media platform. After the First Post, FANATEE may contact the INFLUENCER via email for the INFLUENCER to create other Posts. In this case, remuneration of the following Posts will be separately adjusted by email. BOOST FOR PRE-EXISTING CONTENT Upon the acceptance of these Terms and Conditions, FANATEE may choose to boost INFLUENCER’s Pre-Existing Content via tools, like TikTok SparkAds, without compensating the INFLUENCER. “Pre-Existing Content” means any kind of content, related to FANATEE games or not, that at these Terms and Conditions acceptance date, INFLUENCER had already post in his/her social media. PAYMENT FOR LIVESTREAMS Payment for the Livestream related to Everyday Puzzles and CodyCross will be: (a) $1.50 (one US dollar and fifty cents) per install in United States of America (US) generated from the INFLUENCER’s link; (b) $1.00 (one US dollar) per install in the United Kingdom (UK) generated from the INFLUENCER’s link; (c) $0.75 (seventy-five cents of US dollars) per install in Canada (CA) or Australia (AU) generated from the INFLUENCER's link; (d) $0.60 (sixty cents of US dollars) per install in Germany (DE) generated from the INFLUENCER's link; (e) $0.45 (forty-five cents of US dollars) per install in France (FR) or Netherlands (NL) generated from the INFLUENCER's link; (f) $0.20 (twenty cents of US dollars) per install in Brazil (BR), Mexico (MX), Italy (IT) or Spain (ES) generated from the INFLUENCER's link; (g) $0.05 (five cents of US dollars) per install in any other country generated from the INFLUENCER's link ("Remuneration") Payment for the Livestream related to Stop2 will be: (a) $0.80 (one US dollar and fifty cents) per install in United States of America (US) generated from the INFLUENCER’s link; (b) $0.50 (one US dollar) per install in the United Kingdom (UK) or Canada (CA) generated from the INFLUENCER’s link; (b) $0.30 (thirty cents of US dollars) per install in Germany (DE) generated from the INFLUENCER’s link; (c) $0.20 (twenty cents of US dollars) per install in France (FR) or the Netherlands (NL) generated from the INFLUENCER’s link; (d) $0.10 (ten cents of US dollars) per install in Brazil (BR), Mexico (MX), Italy (IT) or Spain (ES) generated from the INFLUENCER’s link; and (e) $0.05 (five cents of US dollars) per install in any other country generated from the INFLUENCER’s link (“Remuneration”) Payment for Livestreams related to ALL other Fanatee games will be: (a) $0.64 (sixty-four cents of US dollars) per install in United States of America (US) generated from the INFLUENCER’s link; (b) $0.30 (thirty cents of US dollars) per install in Canada or the United Kingdom (UK) or Germany (DE) generated from the INFLUENCER’s link; (c) $0.20 (twenty cents of US dollars) per install in France (FR) generated from the INFLUENCER’s link; (d) $0.10 (ten cents of US dollars) per install in Brazil (BR) generated from the INFLUENCER’s link; and (e) $0.05 (five cents of US dollars) per install in any other country generated from the INFLUENCER’s link (“Remuneration”) FANATEE will provide the INFLUENCER with a daily, cumulative performance report, with data collected from AppsFlyer. The amount of the payment to be remitted on a monthly basis will be settled in accordance with the monthly performance report mentioned above. Payment will be remitted once the INFLUENCER reaches a minimum of $30 (thirty US dollars) by the end of the month. If this amount is not reached by the time of payment, it will be rolled over to next month’s payment until the minimum of $30 (thirty US dollars) is reached. Monthly report will account for all the revenue and installs that occurred on the first through the last day of the month. Example: January monthly report considers revenue and installs from the January 1st -31st. The INFLUENCER shall issue the invoice for the agreed upon amount. Fanatee shall wire the INFLUENCER’s account within 15 (fifteen) days of the invoice issuance date.
12. FANATEE SOCIAL MEDIA ENDORSEMENT POLICY	https://fanatee.com/social-media-policy

Legal Terms:

1. The INFLUENCER acknowledges and agrees that (i) in addition to fully comply with all specifications of the Summary Table above, including Fanatee Social Media Endorsement Policy; and (ii) he/she shall be responsible for caring for the image and reputation of FANATEE in the marketplace, under penalty of motivated termination of this Terms and Conditions by FANATEE, without prejudice to the Influencer's duty to pay for losses and damages, as per clause 8 below.

2. The Remuneration will be paid by FANATEE to the INFLUENCER in the same proportion in which the INFLUENCER diffuses and/or broadcasts the Content in the exact terms described in the Summary Table.

2.1 The INFLUENCER undertakes to deliver to FANATEE, whenever requested, all documents necessary for the payment of the Remuneration, which includes, but is not limited to the W8BEN, W8BEN-E or W9 forms of the Internal Revenue Service (IRS). The INFLUENCER understands and agrees that the INFLUENCER will not receive any payment until the form is duly submitted.

2.2 The INFLUENCER understands and agrees to the minimum Remuneration of thirty US dollars (USD 30.00). This means that the INFLUENCER will not receive any payment from FANATEE until the Remuneration amount reaches US dollars (USD 30.00).

3. The INFLUENCER (i) assigns and transfers to FANATEE, freely, irrevocably, irreversibly, perpetually, worldwide, totally and definitely, the ownership of any and all intellectual property rights related to the Content produced, disclosed and/or broadcast by the INFLUENCER, and (ii) authorizes FANATEE, in a broad, general and free manner to freely use its image, name, interpretation and sound of its voice, printed and/or registered in the games and in the Content for the promotion, disclosure, availability and broadcast of its campaigns, during the period of the campaign, determined in the Summary Table above, and/or while the Content is published (on air).

4. The INFLUENCER represents and warrants that is the sole and lawful owner of the Content's respective intellectual property rights and copyrights, or has all rights to assign them to Fanatee, by means of these Terms and Conditions. The INFLUENCER assumes its full and exclusive responsibility with regard to the Content's ownership, originality and liability for any violations of industrial property, copyright and/or any other legally protected assets, and agrees to hold Fanatee harmless from any liability in relation to the Content.

5. The INFLUENCER understands and agrees that the intellectual property rights of the FANATEE games are and will remain the exclusive property of FANATEE. The use of the INFLUENCER's image and voice in the games, as well as any other type of participation of the INFLUENCER in the games does not imply in any grant to the INFLUENCER, nor any assignment whatsoever, of any intellectual property rights over the games.

6. The INFLUENCER (i) hereby assigns and transfers to FANATEE, freely, irrevocably, irreversibly, perpetually, worldwide, totally and definitively, the ownership of any and all intellectual property rights related to the Content produced, disclosed and/or broadcast by the INFLUENCER, and (ii) authorizes FANATEE, in a broad, general and free manner to freely use its image, name, interpretation and sound of its voice, printed and/or registered in the Content for the promotion, disclosure, availability and broadcast of its campaigns, during the period of the campaign, determined in the Summary Table above.

7. Under no circumstances the INFLUENCER may be substituted or subcontract any third parties without the prior written authorization of FANATEE. FANATEE has total freedom to hire other influencers, without the need of authorization or any previous notice from the INFLUENCER.

8. FANATEE does not agree with and repudiates any form of discrimination, pornography and any illegal conduct or corrupt practices. The INFLUENCER acknowledges and declares that it shall be directly, personally and fully liable to FANATEE and any third party for any losses and damages, direct and indirect, arising from the INFLUENCER’S breach of these Terms and Conditions or the applicable legislation.

9. Each party shall hold the other party harmed totally free and harmless from any losses and damages that are caused to the harmed party by virtue of any demand, action or claim, judicial or extrajudicial, that is brought by any third party due to any event that has been caused, directly or indirectly, by the breach of any provisions of these Terms and Conditions by the breaching party.

10. Any party may terminate these Terms and Conditions (i) without cause, at any time and without any liability, provided that upon prior written notice to the other party with fifteen (15) days in advance; (ii) due to breach of any obligation undertaken in this Agreement, provided that such breach cannot be remedied or, if it is remediable, it is not remedied within fifteen (15) days from the receipt by the breaching party of written notice from the prejudiced party, and the breaching party shall be liable, in this case, for the losses and damages it causes; or (iii) insolvency, bankruptcy or judicial reorganization request from the opposing party.

11. In the event of termination of the Agreement for any reason, the intellectual property rights relating to the Content shall remain the property of FANATEE.

12. These Terms and Conditions do not create any other relationship between the INFLUENCER and FANATEE, including, without limitation, representation, partnership, association, employment, or similar.

13. If the INFLUENCER has any questions or wishes to make a comment, suggestion, complaint, or compliment to FANATEE, the INFLUENCER may contact Fanatee at influencers@fanatee.com.

14. These Terms of Use may be amended at any time at FANATEE's sole discretion. However, whenever any modification occurs, the INFLUENCER will be notified by the e-mail address registered.

These Terms and Conditions shall be governed and construed in accordance with the laws of Delaware. The Delaware Courts will be the only competent jurisdiction to settle any issues arising from this Agreement.