Terms of Use Creators Fund
Terms of Service
PLEASE READ THE TERMS AND CONDITIONS OF THIS AFFILIATE PROGRAM CAREFULLY. By subscribing to the Roxy Nails Paris Creators Fund you agree to respect the following criteria and conditions (“Terms of Use”).
The Roxy Nails Paris Creators Fund (“Creator Fund”, “Fund” or “Program”) is a remuneration program offered to all users and owners of Roxy Nails Paris products allowing them to monetize video format content (“content( s)») created and published on the social networks TikTok and Youtube (“platforms” or “social networks”) highlighting Roxy Nails Paris (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 it to be discovered, in particular testimonials, opinions, demonstrations of use or any other type of laudatory video.
These Roxy Nails Paris Creators Fund Terms and Conditions govern your (any participating person or entity is referred to as “you”, “your” or “Creator”) participation in the Creators Fund Program through the roxynailsparis.com website (“we”) .
These Creation Fund Terms incorporate and are expressly subject to the terms of use of our website.
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 in our sole discretion. If we make changes to these Terms, we will notify you by adding the date of the change to the beginning of these Terms. Your continued participation in the Program following any changes will constitute your acceptance of those changes. Please review these Terms periodically for updates.
I - Eligibility and registration for the Creative Fund
A) Registration:
- You must be at least eighteen (18) years old, 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, true, 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 must simply click on the Submit a video button at the bottom of the Fond Créateurs page no later than 24 hours following the publication of the video, and complete the form. membership in its entirety. You must in particular 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 to allow us to use it and possibly share it on our own. social networks.
The instructions for providing us with this access 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 conditions:
- The video must be in French;
- For Youtube: the video must contain the name of the brand in the title of the video and the link to our website roxynailsparis.com in the description.
For TikTok: the video must contain the hashtags #roxynails and #roxynailsparis and the tag @roxynailsparis; - The video must focus on the Roxy Nails Paris brand and products, and promote them directly or indirectly*, in order to share your discovery and your satisfaction and to make viewers want to discover our brand in turn;
- The Brand must be easily identifiable on the video, through the presence of a logo or through an oral mention in the audio of the video, so that any person viewing the video (“Viewers”), including a person unfamiliar with 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 Brand.
- It is prohibited to promote other brands in videos;
- It is prohibited to share an affiliate promotional code in the video or below the video (including in comments or in the form of hashtags).
Our creative background is not compatible with our affiliate program for our ambassadors. You can definitely join both programs, but you cannot 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 even for word of mouth, and the Creator background for your TikTok and Youtube videos; - The content of your video must be unique. It is prohibited to repost the content of another user, in particular content published by accounts operated by Roxy Nails Paris, in particular (@roxynailsparis and @roxynailsclub).
* The content does not necessarily have to be promotional in nature and can be videos such as testimonials, unboxing, product demonstrations, etc. However, the video must remain positive and laudatory of 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).
However, you can submit more than five videos per month to our Program, but only your five videos that 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 prohibited for the same user to submit their videos to the Creator Fund via different accounts for the sole purpose of circumventing the limit of five videos per month, per user and per Platform. - Roxy Nails Paris may reject a request if Roxy Nails Paris 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 reapply for another video, but the Creator will not receive earnings for the rejected video(s).
- Roxy Nails Paris may permanently exclude a user from its Program if Roxy Nails Paris notices (in its sole discretion) repeated attempts to circumvent the Conditions.
- By applying for membership in the program, you retain full responsibility for the creation and publication of your video(s) and you remain responsible for all activities occurring on your Social Media account. You acknowledge that you are the sole author and creator of the content and accept all risks associated with the creation and publication of your video. It is in particular your responsibility to ensure that your video complies with the conditions of use of the Platforms, as well as all applicable laws concerning the publication of content on the Internet, in particular and not exclusively the laws concerning copyrighting and rights of author.
Roxy Nails Paris cannot be held responsible for the content you post, nor be associated with any possible 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. - Roxy Nails Paris is not responsible for incorrect or inaccurate information provided by a Designer. 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.
A) PAYMENT
- Subject to the Creator's compliance with the Conditions at all times, and for a minimum of thirty (30) days following validation of the membership form, and confirmation by Roxy Nails Paris that the Creator's videos are in order, Roxy Nails Paris will pay Creator an amount (“Remuneration”), net of any third party transaction fees, which is based on Creator’s total unique video views (“Views”) for Eligible User Content that complies herewith. Conditions of the Creator Fund.
This excludes views that Roxy Nails Paris 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 in violation of these Terms, including any attempt to manipulate statistics regarding video view counts. - 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 remuneration rate. 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 Remuneration, views of eligible content are taken into account for a period of 30 days for a TikTok and Youtube Shorts video and for 180 days for a standard Youtube video, from the date of publication of the video.
This duration is not applicable from the moment one of the Conditions required for your video to be eligible is no longer respected, in particular if the authorization rights to use the videos are withdrawn (see IA) 4. ).
In the event that one of the Required Conditions is no longer respected before the minimum period of 30 days following validation of the membership form, you will not be eligible for any Remuneration (see II-). - In addition to the Remuneration, Roxy Nails Paris may 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 Roxy Nails Paris's sole discretion, Roxy Nails Paris may change the payment structure on a prospective basis and/or offer alternative accrual payment methods.
B) Independent contractor
- The Creator accepts and acknowledges that the Creator is solely responsible for all taxes, contributions, commissions or other amounts arising from payments from Roxy Nails Paris.
Creator agrees and acknowledges that it is solely responsible for all tax obligations owed to all taxing authorities arising from or relating to its participation in our Program.
Roxy Nails Paris will not withhold any taxes of any kind from payments. The Creator accepts and acknowledges that this Program corresponds neither to an employment contract nor to 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 Roxy Nails Paris reserves the right and is authorized to withhold from such payments all amounts that 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 Roxy Nails Paris. - The parties acknowledge that their relationship is that of independent contractors and that nothing contained in these terms shall be deemed to create or be construed as creating a partnership, joint venture or employment relationship with Roxy Nails Paris or any third party. To avoid any confusion, the Creator agrees that he is not an employee of Roxy Nails Paris and is not entitled to any benefit offered or right guaranteed by Roxy Nails Paris, or by the operation of the law, to his respective employees, including, but not limited to, group insurance, liability insurance, disability insurance, leave, retirement plans or unemployment insurance, and also waives these rights in the maximum extent permitted by law.
C) Payment terms:
- Every first day of the month, Roxy Nails Paris will declare the amount of funds accumulated during the previous monthly period, which will be calculated and payable in euros.
- The Creator may receive funds available in the Creator's payment account if the total amount of funds owed to the Creator is equal to or greater than the minimum payment threshold of 10.00 EURO and the 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 otherwise expressly authorized by Roxy Nails Paris in its sole discretion.
- Payment may be issued to the Creator on behalf of Roxy Nails Paris 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 payment threshold of 10.00 EURO, will not be eligible for transfer until the funds equal or exceed the payment 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 Roxy Nails Paris according to the payment preferences chosen by the Creator when submitting their application. membership.
- The Creator is responsible for linking and maintaining an accurate and up-to-date Payment Account that complies with these Conditions of the Creator Fund and the Conditions of its Payment Account Provider, and Roxy Nails Paris will not be responsible for any delay, the failure or impossibility to transfer the payment to the Payment Account of the Creator for a reason attributable to him.
Roxy Nails Paris will not be responsible for any transaction fees or charges related to the use or operation of the Creator's payment account. - Remuneration takes place via a) PayPal, b) SEPA bank transfer or c) in the form of a gift credit 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 that Roxy Nails Paris 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 in error in the calculation of the Remuneration, the surplus paid will be deducted from future Remuneration.
If no future payment is due, the Designer must reimburse Roxy Nails Paris for any amounts due within thirty (30) days of receipt of written notice. Any adjustment or refund is without prejudice to any other rights or remedies that Roxy Nails Paris may have arising from the Creator's breach of these Creator Fund Terms. - Roxy Nails Paris may at any time, without providing warning or prior notice, temporarily suspend further payments to your Program account, including due to suspected invalid or fraudulent activity or your failure to comply herewith. Terms.
D) Termination
- Roxy Nails Paris may terminate or suspend Creator's participation in the Program immediately and in its sole discretion: (a) if Creator violates these Terms, including, without limitation, for failure to comply with or 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 Roxy Nails Paris (including the Program, the brand or any employee of Roxy Nails Paris); and (c) without cause for any reason.
Termination will be effective as soon as Roxy Nails Paris has delivered 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 (see IA) 4.).
- Upon termination, Roxy Nails Paris will have no further payment obligation hereunder unless the balance owed to the Creator at the time of termination exceeds the minimum payment threshold of EURO 10.00. If applicable, Roxy Nails Paris will pay all undisputed amounts that have been accrued in accordance with the Creator Fund Terms within a reasonable time after termination.
- If Roxy Nails Paris terminates the Program Creator for a reason attributable to the Creator, the Creator forfeits all unpaid amounts accumulated but not transferred to its Payment Account on the effective date of the termination, and Roxy Nails Paris 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 Roxy Nails Paris.
- The Creator must contact Roxy Nails Paris at fond-createur@roxynailsparis.com regarding any dispute arising from payment, accounting or reporting errors, or termination, within 30 days of the problem 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 their place of legal residence (if an individual) and has by otherwise the right, power and authority necessary to agree to these terms for itself or for any entity for which it acts; (b) the creator has read, understood and agreed to comply with the Terms; (c) the Creator will make all required payments to any third party required for the Content Created and no payment to any third party will be owed by Roxy Nails Paris for the activities described in these Creator Fund Terms; (d) Creator shall not solicit or use any method, software, automated script, or technology intended to artificially increase views of or interactions with Creator's User Content, including for the purpose of inflating views video or amounts payable under this Program; 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, the details of any reporting measures provided by Roxy Nails Paris or any other non-public information resulting from this Program must be strictly confidential and must not be published or shared with third parties, except for legal or professional advisors bound by confidentiality.
- The Creator understands that Roxy Nails Paris may issue 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, Roxy Nails Paris reserves the right to designate the Creator on its social networks or its website as a participant in the Program.`
- In accordance with current regulations, the creator declares and guarantees that he will visibly indicate, if necessary, his participation in the Program when making a recommendation for Roxy Nails Paris (for example through a disclosure such as #paid or #creatorfund 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 Roxy Nails Paris Fund and is likely to receive payment from Roxy Nails Paris).
G) Exploitation of Image Rights
- By joining the Program, completing the membership form and granting the necessary authorizations for the exploitation of your video for commercial purposes, notably, but not exclusively, through the video advertising boost function, via advertising services of TikTok (Spark Ads), the Creator authorizes, for a period of 365 days, Roxy Nails Paris, its agents or third party rights holders, to reproduce, publish, distribute, 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 media, catalogs and various editions, digital and audiovisual media, in particular cinema, TV and by all means inherent to this mode of communication, internet (including Intranet , Extranet, Blogs, social networks), all reception vectors combined (smartphones, tablets, etc.), press media (television advertising spots, cinema advertising spots), internal communication supports, promotional supports in all places, all sizes and on all media.
- 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 Termination (see D).
- Authorization to fully exploit the video is a condition of this Program. In the event that this condition is broken, 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.)