Creator Program Extraordinaire
Want to make some extra DOH (aka: money)?
Apply below to join the World War Doh Creator Program Extraordinaire!
We want to reward and empower our most passionate players, partners, and content creators. By sharing unique referral links on your channels, you will earn a commission of 5% of net revenue for all in-game purchase generated by your referred players over a 1 year time period.
More info about the program
5% Net means that you get 5% commission on in-game purchases minus the industry standard 30% distribution fee, or 1.5%. Therefore, 5% -1.5% = 3.5% final commission.
Creators who meet one of the following selection criteria:
- Have a minimum of 2,000 followers on at least one major social platform; or
- Players who have 100 or more referrals via World War Doh’s in-game referral system will be invited to apply to the Creator Program Extraordinaire through an in-game inbox message; and
- Are 18 years or older; and
- Agree to the Affiliate Agreement and abide by our Creator Code of Conduct; and
- Are capable of receiving payment in a form that our payment partner “TUNE” supports.
This program is not available to people 17 years or younger or to residents of countries where game is not officially published.
Jam City will reject applications from Creators who engage in toxic, discriminatory, illegal, pornographic, or fraudulent behavior, or who promote gambling, spam, or harassment.
We will review your application; if we think you are a fit, you will receive a notification confirming your acceptance within 2 business days. Please note that applying does not guarantee admission, and due to volume of applications, there may be delays in processing your application.
Don’t forget to check your spam or junk folder for a response. Please contact us at email@example.com for further assistance.
While you may not be selected at this particular time, it does not mean a “no” forever. We encourage you to reapply again at a later time if there are changes in the application information you are submitting.
There’s an option in the “Your Tracking Link” section of the Offer to generate a Tiny URL, which looks much cleaner than the straight link. You can also use a link shortening service like bit.ly to create short links, though keep in mind that Jam City cannot be responsible for any issues associated with your custom shorters.
This is a brand new program, so please be patient as we work out the kinks. Should you experience any problems, we are here to help! Please contact support at: firstname.lastname@example.org
Creator Program Creator Program Extraordinaire
Apply to our network by submitting the information below:
Creator Program Extraordinaire
You have signed up for the World War Doh Referral Program. You should receive a an email from Jam City shortly.
Jam City’s Terms and Conditions
This World War Doh Creator Program Extraordinaire Agreement (the “Agreement”) is made and entered into by and between Jam City, Inc. (“Jam City” or “we”), and the party submitting an application to become a Jam City Creator Extraordinaire (“Creator”). The terms and conditions contained in this Agreement apply to Creator’s participation in the World War Doh Creator Program Extraordinaire hosted by Tune (“Creator Program Extraordinaire”). In connection with the Creator Program Extraordinaire, Creator may see offers (each, an “Offer”) by Jam City or a third party (each such third party a “Client”) that links to a prompt to download the mobile game World War Doh from either Google Play or Apple App Store (“Program Web Site”). Furthermore, each Offer may have additional terms that are incorporated as part of this Agreement. By submitting an application or participating in an Offer, Creator expressly consents to all the terms and conditions of this Agreement and the individual accepting this Agreement represents that he or she has the authority to bind the Creator to the terms of this Agreement.
Enrollment in the Creator Program Extraordinaire
Creator must submit an Creator Program Extraordinaire application from Jam City’s website. Creator must provide accurate and complete information in Creator’s application. After Jam City reviews Creator’s application, Jam City will notify Creator of Creator’s acceptance or rejection to the Creator Program Extraordinaire. Jam City may accept or reject Creator’s application at Jam City’s sole discretion for any reason.
Obligations of the Parties
Subject to Jam City’s acceptance of Creator as a partner and Creator’s continued compliance with the terms and conditions of this Agreement, Jam City agrees as follows:
- Jam City will make available to Creator via the Creator Program Extraordinaire graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which Creator may display on web sites owned or controlled by Creator, social media accounts, in emails sent by Creator and in online advertisements (collectively, “Media”). The Links will serve to identify Creator as a member of Jam City’s Creator Program Extraordinaire and will establish a link from Creator’s Media to the Program Web Site. Each Link shall expire one (1) year from the first Qualified Action taking place.
- Jam City will pay Creator for each Qualified Action (the “Commission”) based on a rate that is determined by Jam City and communicated to Creator. A “Qualified Action” means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person (as determined by Jam City), (iii) is not using pre-populated fields, (iv) completes all of the information required for such action within the time period allowed by Jam City, (v) the player makes an in-app purchase, and (vi) is not later determined solely by Jam City to be fraudulent, incomplete, unqualified or a duplicate user.
- Jam City will pay Creator any Commissions earned on a monthly basis. Jam City reserves the right to charge back to Creator’s account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
- Payment for Commissions is dependent upon the payment platforms providing such funds to Jam City, and therefore, Creator agrees that Jam City shall only be liable to Creator for Commissions to the extent that Jam City has received such funds from the payment platforms.
- Jam City shall automatically generate an invoice on behalf of Creator for all Commissions payable under this Agreement and shall remit payment to Creator based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Jam City in its sole discretion. In the event that Creator disputes in good faith any portion of an invoice, Creator must submit that dispute to Jam City in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Creator does not dispute the invoice as set forth herein, then Creator agrees that it irrevocably waives any claims or challenges based upon that invoice. In the event that Creator is also tracking Qualified Actions and Creator claims a discrepancy, Creator must provide Jam City with Creator’s reports within three (3) days after 30th day of the calendar month, and if Jam City’s and Creator’s reported statistics vary by more than 10% and Jam City reasonably determines that Creator has used generally accepted industry methods to track Qualified Actions, then Jam City and Creator agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Jam City’s numbers shall govern.
- If Creator has an outstanding balance due to Jam City under this Agreement or any other agreement between the Creator and Jam City, whether or not related to the Creator Program Extraordinaire, Creator agrees that Jam City may offset any such amounts due to Jam City from amounts payable to Creator under this Agreement.
Creator also agrees that:
- It has sole responsibility for the development, operation, and maintenance of, and all content on or linked to, the Media.
- All materials posted on the Media or otherwise used in connection with the Creator Program Extraordinaire (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Jam City informs Creator that it considers objectionable (collectively, “Objectionable Content”).
- It will not make any representations, warranties or other statements concerning Jam City or Client or any of their respective products or services, except as expressly authorized herein.
- The Media does not copy or resemble the look and feel of the Program Web Site or create the impression that the Media is endorsed by Jam City or Clients or a part of the Program Web Site, without prior written permission from Jam City.
- It will comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to its business, its Media or its use of the Links.
- It will comply with the terms, conditions, guidelines and policies of any third-party services used by Creator in connection with the Creator Program Extraordinaire, including but not limited to, email providers, social networking services and ad networks.
- It will always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Jam City or Client, or as required by applicable laws regarding such Offers.
- It will not place Jam City ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
- Email Campaigns. For all email campaigns, Creator must download the “Suppression List” from the Offers section of Jam City. Creator shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Jam City will provide an opt-out method in all Links, however, if any opt-out requests come directly to Creator, Creator shall immediately forward them to Jam City at email@example.com. Creator’s emails containing the Links may not include any content other than the Links, except as required by applicable law. Creator agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Creator Program Extraordinaire, possible legal action and any other rights or remedies available to Jam City pursuant to this Agreement or otherwise. Creator further agrees that it will not mail or market to any suppression files generated through the Jam City network, and that doing so may result in Commission withholdings, removal or suspension from the Creator Program Extraordinaire, possible legal action and any other rights or remedies available to Jam City pursuant to this Agreement or otherwise.
- Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or message or bulletin boards unless otherwise agreed by Jam City in writing. Any pop-ups/unders used for the Creator Program Extraordinaire shall be clearly identified as being served by Creator in the title bar of the window and any client-side ad serving software used by Creator shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement and the software be easily removed according to generally accepted methods.
- Creator Network Campaigns. For all Creators that maintain their own partner networks, Creator agrees to place the Links in its partner network (the “Creator Network”) for access and use by those partners in the Creator Network (each a “Third Party Creator”). Creator agrees that it will expressly forbid any Third Party Creator to modify the Links in any way. Creator agrees to maintain its Creator Network according to the highest industry standards. Creator shall not permit any party to be a Third Party Creator whose web site or business model involves content containing Objectionable Content. All Third Party Creators must be in good standing with Creator. Creator must require and confirm that all Third Party Creators affirmatively accept, through verifiable means, the terms of this Agreement prior to obtaining access to the Links. Creator shall promptly terminate any Third Party Creator who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Creator with respect to the Links, Creator shall promptly disclose to Jam City the identity and contact information for such Third Party Creator. Creator shall promptly remove any Third Party Creator from the Creator Program Extraordinaire and terminate their access to future Offers of Jam City in the Creator Network upon written notice from Jam City. Creator shall remain liable for all acts or omissions of any Third Party Creator.
For purposes of the Agreement, “Confidential Information” shall mean all data and information, of a confidential nature or otherwise, disclosed during the term of the Agreement by one party (“Disclosing Party”) to the other party (“Receiving Party”), as well as information that the Receiving Party knows or should know that the Disclosing Party regards as confidential including, but not limited to:
- a party’s business plans, strategies, know how, marketing plans, suppliers, sources of materials, finances, business relationships, personally identifiable end-user information, pricing, technology, employees, trade secrets and other non-public or proprietary information whether written, oral, recorded on tapes or in any other media or format;
- the material terms of the Agreement; and
- any information marked or designated by the Disclosing Party as confidential.
The Receiving Party agrees to hold all Confidential Information in trust and confidence and, except as may be authorized by the Disclosing Party in writing, shall not use such Confidential Information for any purpose other than as expressly set forth in the Agreement or disclose any Confidential Information to any person, company or entity, except to those of its employees and professional advisers:
- who need to know such information in order for the Receiving Party to perform its obligations hereunder; and
- who have entered into a confidentiality agreement with the Receiving Party with terms at least as restrictive as those set forth herein.
Confidential information shall not include any information that the Receiving Party can verify with substantial proof that:
- is generally available to or known to the public through no wrongful act of the receiving party;
- was independently developed by the Receiving Party without the use of Confidential Information; or
- was disclosed to the Receiving Party by a third party legally in possession of such Confidential Information and under no obligation of confidentiality to the Disclosing Party.
The Receiving Party agrees that monetary damages for breach of confidentiality may not be adequate and that the disclosing party shall be further entitled to injunctive relief, without the requirement to post bond.
Limited License & Intellectual Property
Creator may not alter, modify, manipulate or create derivative works of the Links or any Jam City graphics, creative, copy or other materials owned by, or licensed to, Jam City in any way. Creator is only entitled to use the Links to the extent that Creator is a member in good standing of the Creator Program Extraordinaire. Jam City may revoke Creator’s license any time by giving Creator written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant Creator any rights to any of Jam City’s trademarks, service marks, copyrights, patents or trade secrets. Creator agrees that Jam City may use any suggestion, comment or recommendation Creator chooses to provide to Jam City without compensation for any purpose. All rights not expressly granted in this Agreement are reserved by Jam City.
This Agreement shall commence on the date of Jam City’s approval of Creator’s Creator Program Extraordinaire application and shall continue thereafter until terminated as provided herein. Creator may terminate Creator’s participation in the Creator Program Extraordinaire at any time by removing all Links from Creator’s Media and deleting all copies of the Links. Jam City may terminate Creator’s participation in one or more Offers or this Agreement at any time and for any reason which Jam City deem appropriate with or without prior notice to Creator by disabling the Links or providing Creator with a written notice. Upon termination of Creator’s participation in one or more Offers or this Agreement for any reason, Creator will immediately cease all use of and delete all Links, plus all Jam City or Client intellectual property, and will cease representing yourself as a Jam City or Client partner for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to Jam City under this Agreement Jam City reserves the right to delete any actions submitted through Creator’s Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to Creator’s account if (i) Jam City determines that Creator has violated this Agreement, (ii) Jam City receives any complaints about Creator’s participation in the Creator Program Extraordinaire which Jam City reasonably believes is in violation this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Creator Program Extraordinaire. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Jam City reserves the right to disclose Creator’s identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by Creator’s actions. Such suspension will be in addition to Jam City’s available rights and remedies.
Creator must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Creator Program Extraordinaire must include the appropriate party’s opt-out link. From time to time, Jam City may request – prior to Creator’s sending emails containing linking or referencing the Creator Program Extraordinaire that Creator submit the final version of Creator’s email to Jam City for approval by sending it to Creator’s Jam City representative and upon receiving written approval from Jam City of Creator’s email the email may be transmitted to third parties.
It is solely Creator’s obligation to ensure that the email complies with the Act. Creator agrees not to rely upon Jam City’s approval of Creator’s email for compliance with the Act or assert any claim that Creator are in compliance with the Act based upon Jam City’s approval.
Creator is expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other partners or falsify information in connection with referrals through the Links or the generation of Commissions or exceed Creator’s permitted access to the Creator Program Extraordinaire. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Jam City shall make all determinations about fraudulent activity in its sole discretion.
Representations and Warranties
The parties agree to the terms in the General Data Protection Regulation Data Processing Addendum, which is incorporated into this Agreement.
Creator represents and warrants that:
- it has the power and authority to enter into and perform its obligations under the Agreement;
- at all times, the Media and Creator itself will comply with all applicable foreign, federal, state or local laws, rules, regulations and ordinances including, without limitation, the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, CAN-SPAM, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Federal Communications Act, and all rules and regulations promulgated under any of the foregoing, as well as all applicable state laws including, without limitation, the California Financial Privacy Act and the Vermont Consumer Protection Act, and all rules and regulations promulgated under such state laws (collectively, “Laws”);
- it owns and/or has any and all rights in the Media as contemplated by the Agreement;
- at all times, the Media and Creator itself will not violate any applicable rights of any third party including, but not limited to, infringement or misappropriation of any copyright, patent, trademark, trade secret or other proprietary, property or other intellectual property right;
- Creator has a reasonable basis for any and all claims made within the Media and possesses appropriate documentation to substantiate such claims;
- Creator shall fulfill all commitments made in the Media;
- no Media is targeted to end-users under the age of eighteen (18);
- prior to loading any computer program onto an individual’s computer including, without limitation, programs commonly referred to as adware and/or spyware, and cookies, Creator shall provide clear and conspicuous notice to, and shall obtain the express consent of, such individual to install such computer program and/or cookies;
- the Media does not and will not:
- contain any misrepresentations or content that is defamatory;
- contain content that is violent, obscene, offensive, including content that contains nudity or implied nudity or content that is morally or ethically offensive or sexually suggestive;
- promote or support gambling or sweepstakes or contests; or
- contain any “worm,” “virus” or other device that could impair or injure any person or entity;
- Creator is not, nor is Creator acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control (“OFAC”); and
- Creator is not, nor is Creator acting on behalf of any person or entity that is, a Specially Designated National (“SDN”), as OFAC may so designate from time to time.
In addition to any notice permitted to be given under this Agreement, Jam City may modify any of the terms and conditions of this Agreement at any time by providing Creator with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to Creator, Creator may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Creator’s continued participation in this Creator Program Extraordinaire ten (10) business days after a change notice has been posted will constitute Creator’s acceptance of such change.
In addition, Jam City may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Creator agrees to promptly implement any request from Jam City to remove, alter or modify any Link, graphic or banner ad that is being used by Creator as part of the Creator Program Extraordinaire.
Creator acknowledges that it has read this Agreement and agrees to all its terms and conditions. Creator has independently evaluated the desirability of participating in the Creator Program Extraordinaire and each Offer and is not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Creator Program Extraordinaire.
Creator shall irrevocably defend, indemnify and hold Jam City and Clients and each of their respective employees, officers, directors, members, managers, shareholders, contractors and agents harmless from and against any and all liability, loss, damage or expense (including, without limitation, reasonable attorneys’ fees, costs and expenses) arising out of or related to any allegation, claim or cause of action, involving:
- Creator’s breach of the Agreement;
- the Media; and/or
- any claim that Jam City is obligated to pay any taxes in connection with Creator’s participation hereunder.
THE CREATOR PROGRAM EXTRAORDINAIRE AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, JAM CITY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. JAM CITY DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. JAM CITY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. JAM CITY DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
Limitation of Liability
IN NO EVENT SHALL JAM CITY BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF JAM CITY. IN NO EVENT WILL JAM CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT JAM CITY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. JAM CITY’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY JAM CITY IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Other than with respect to payment obligations arising hereunder, neither party will be liable, or be considered to be in breach of this Agreement, on account of such party’s delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or Creator Network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
Governing Law & Miscellaneous
- Assignment. Creator may not assign, transfer or delegate any of its rights or obligations under the Agreement without the prior written consent of Jam City, and any attempts to do so shall be null and void; provided, however, that either party may assign the Agreement or any portion hereof/thereof, to:
- an acquirer of all or substantially all of such party’s equity, business or assets;
- a successor in interest whether by merger, reorganization or otherwise; or
- any entity controlling or under common control with such party.
- Choice of Law/Venue. The Agreement shall be construed in accordance with and governed by the laws of the State of California. In the event that any suit, action or other legal proceeding shall be instituted against either party in connection with the Agreement, each hereby submits to a court of competent jurisdiction located in San Francisco County, California, and further agrees to comply with all the requirements necessary to give such court jurisdiction.
- Non-Waiver/Severability. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision contained in the Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the real intention of the parties, and the remaining provisions of the Agreement will remain in full force and effect.
- Relationship of the Parties. The parties hereto are independent contractors. There is no relationship of partnership, agency, employment, franchise or joint venture between the parties. Neither party has the authority to bind the other, or incur any obligation on its behalf.
By submitting and application to Creator Program Extraordinaire, Creator affirms and acknowledges that Creator has read this Agreement in its entirety and agrees to be bound by all of its terms and conditions. If Creator does not wish to be bound by this Agreement, Creator should not submit an application to Creator Program Extraordinaire. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.
GDPR Data Processing Addendum
This General Data Protection Regulation Data Processing Addendum (“GDPR Addendum”) is incorporated by reference into the Creator Program Extraordinaire Operating Agreement by and between You (“Creator”), and Us (“Network” or Processor”), (collectively, the “Agreement”). This GDPR Addendum is entered into as of the date of the Creator Program Extraordinaire Operating Agreement.
This GDPR Addendum sets out the terms that apply when Personal Data, as defined in the Data Protection Legislation, is processed by Network under the Agreement. The purpose of the GDPR Addendum is to ensure such processing is conducted in accordance with applicable laws, including EU Data Protection Legislation, and with due respect for the rights and freedoms of individuals whose Personal Data are processed.
Capitalized terms used but not defined in this GDPR Addendum have the same meanings as set out in the Agreement.
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
Applicability. This GDPR Addendum shall only apply to the extent Creator is established within the European Union (“EU”) or Switzerland or the United Kingdom and/or to the extent Network processes Personal Data of Data Subjects located in the EU or Switzerland or the United Kingdom on behalf of Creator.
Both parties will comply with all applicable requirements of the Data Protection Legislation. This Section 1 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
The parties acknowledge that for the purposes of the Data Protection Legislation, the Creator is the data controller and Network is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
Without prejudice to the generality of clause 1.1, the Creator, as Controller, shall be responsible for ensuring that, in connection with Creator Personal Data and the Services, (i) it has complied, and will continue to comply, with all applicable laws relating to privacy and data protection, including EU Data Protection Legislation; and (ii) it has, and will continue to have, the right to transfer, or provide access to, the Personal Data to Network for processing in accordance with the terms of the Agreement and this GDPR Addendum.
Without prejudice to the generality of clause 1.1, Network shall, in relation to any Personal Data processed in connection with the performance by Network of its obligations under this agreement:
- process that Personal Data only for the purposes set forth in the Agreement and Schedule 1 and only in accordance with the lawful, documented instructions of Creator, except where otherwise required by applicable law. Any processing required outside of the scope of these instructions (inclusive of the rights and obligations set forth under the Agreement) will require prior written agreement of the parties. Where Network is relying on laws of a member of the EU or EU law as the basis for processing Personal Data, Network shall promptly notify the Creator of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Network from so notifying the Creator;
- ensure that it has in place appropriate technical and organizational measures, available for review and approval by the Creator, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and Network complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred;
- assist the Creator, at the Creator’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. For the avoidance of doubt, Creator is responsible for responding to Data Subject request for access, correction, restriction, objection, erasure or data portability of that Data Subject’s Personal Data;
- notify the Creator without undue delay on becoming aware of a Personal Data breach;
- upon termination or expiration of the Agreement, in accordance with the terms of the Agreement and within a reasonable amount of time, delete or make available to Creator for retrieval all relevant Personal Data in Network’s possession; except to the extent that Network is required by any applicable law to retain some or all of such data. Network shall extend the protections of the Agreement and this GDPR Addendum to any such Personal Data and limit any further processing of such Personal Data to only those limited purposes that require the retention; and
- maintain complete and accurate records and information to demonstrate its compliance with this Section 2.4.
The Creator consents to Network appointing third-party processors of Personal Data under this agreement, including TUNE (“Sub-processors”). Network confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially similar to those set out in this Agreement. As between the Creator and Network, Network shall remain fully liable for all acts or omissions of any Sub-processor appointed by it pursuant to this Section 2.5.
Network may, at any time on not less than 30 days’ notice with email sufficing, add or make changes to the Sub-processors. Creator may object in writing to Network’s appointment of a new Sub-processor within five (5) business days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties will discuss such concerns in good faith with a view to achieving resolution. If Network cannot provide an alternative Sub-processor, or the parties are not otherwise able to achieve resolution as provided in the preceding sentence, Creator, as its sole and exclusive remedy, may terminate the Agreement.
Except as stated in this GDPR Addendum, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this GDPR Addendum, the terms of this GDPR Addendum will control.
Any claims brought under this GDPR Addendum shall be subject to the terms and conditions, including by not limited to, the exclusion and limitations set forth in the Agreement.
Schedule 1 Processing, Personal Data and Data Subjects
Details of Data Processing
- Subject Matter: The subject matter of the data processing under this GDPR Addendum is the Creator Personal Data.
- Duration: As between Network and Creator, the duration of the data processing under this GDPR Addendum is until the termination of the Agreement in accordance with its terms.
- Purpose: The purpose of the data processing under this GDPR Addendum is the provision of the Services to the Creator and the performance of Network’s obligations under the Agreement (including this GDPR Addendum) or as otherwise agreed by the parties in mutually executed written form.
- Nature of the processing: Network provides performance marketing solutions and such other Services as described in the Agreement, which process Creator Personal Data upon the instruction of the Creator in accordance with the terms of the Agreement.
- Categories of data subjects: Creator may submit Creator Personal Data to the Services, the extent of which is determined and controlled by Creator in its sole discretion, and which may include, but is not limited to, Personal Data relating to the following categories of data subjects:
- Employees, agents, advisors, freelancers of Creator (who are natural persons); and/or
- Creator’s end-users authorized by Creator to use the Services.
- Types of Personal Data: Creator may submit Creator Personal Data to the Services, the extent of which is determined and controlled by Creator in its sole discretion, and which may include, but is not limited to identification and contact data; financial information; and/or certain information about Creator’s end users (such as IP address and device identifier).
- Sensitive Personal Data (if applicable): Creator shall not send Network any Sensitive Personal Data (as defined in the Data Protection Legislation).
Privacy Policies Used in Connection with Your Subscription. When you register for an Account on the WWDCPE, we use a password-protected third-party portal to store your personal information, and we may share your personal information with such third party (“Third Party Agent”) as is necessary for the performance of your Account and the WWDCPE.
Personally Identifiable Information. We collect personally identifiable information when you register for an Account or otherwise choose to provide personally identifiable information to us. Personally identifiable information is any information that can be used to identify or locate a particular person or entity. This may include but is not limited to: business entity name and/or your title with the applicable business entity, as well as your personal and/or business entity related e-mail address, mailing address, daytime and/or cellular telephone numbers, fax number, account information (or other information that we require in order to pay any amounts due to you under the WWDCPE), IP address and/or any other information requested on the applicable Subscriber registration form.
Non-Personally Identifiable Information. We may collect certain non-personally identifiable information about you when you visit certain pages of this Site and/or register for an Account on the WWDCPE, such as the type of browser you are using (e.g., Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows or Mac OS) and the domain name of your Internet service provider (ISP) and share such information with our Third-Party Agent. We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage.
We may additionally collect information using Web beacons, which are commonly referred to in the industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be used on the Site, in your Account, or in our emails to deliver cookies, count visits and determine if an email has been opened and acted upon.
End users can disable cookies in most internet browsers. An overview of the process is available at http://www.allaboutcookies.org/manage-cookies/. Disabling cookies will not, however, stop receipt of all advertisements. If an end user would like to opt out of a particular ad network, publisher, or advertiser’s ads, they will need to contact those companies directly to inquire whether they have an opt-out option.
End users can also disable collection of ad identifiers for targeted advertising by enabling the Limit Ad Tracking setting on their smartphone. End users can also reset the ad identifier altogether using their smartphone’s privacy settings
We may be a participant of the Google Third Party Serving Compatibility Program, in which case we would abide by the Third-Party Ad Serving Policy available at http://adwords.google.com/support/bin/answer.py?answer=94230
Use of Information. We use your personally identifiable information: (a) to send you information regarding your Account and the WWDCPE; (b) to track your compliance with the Terms and Conditions (“Terms and Conditions”); and/or (c) for validation, suppression, content improvement and feedback purposes. In addition, we may use your IP address for the purposes identified above, as well as to analyze trends, administer the Site, track users’ movements, gather broad demographic information for aggregate use, and to confirm that a particular individual affirmed his/her consent to specific legal terms (e.g. a clickwrap license agreement). You agree that we, or our Third Party Agent, may contact you at any time regarding your Account or the WWDCPE and/or any other information that we may deem appropriate for you to receive in connection with your Account on the WWDCPE. You may update your contact preferences as set forth below.
Where we act as a controller under European data law, our lawful basis for collecting and using the information described in this Privacy Notice will depend on the information concerned and the specific context in which we collect or use that information. We normally collect or use information from you only where we have collected your consent to do so, where we need the information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Specifically, when we:
- use information to create or manage an account, we need it in order to provide relevant services;
- use contact information for marketing purposes, we do so with your consent (which you can revoke at any time); and
- gather usage data and analyze it to improve the Site, we do so based on our legitimate interest in safeguarding and improving the Site.
If you have any questions or concerns about how information is processed, including questions about how to exercise your rights as a data subject, please contact us at the contact information provided in this Privacy Notice.
Data Retention. Subject to any mandatory obligations to delete data, your information may be retained by us and in our Third-Party Agent portal, server logs, databases and records. We will keep your information for no longer than necessary for the purposes for which it is processed. Where there are technical limitations that prevent deletion or anonymization, we will safeguard and limit the use of information as required by applicable law.
Security. We endeavor to safeguard and protect our Account holders’ information. When Account holders submit personally identifiable information to the WWDCPE, their personally identifiable information is protected both online and offline. When our registration process asks registrants to submit information such as bank account information and/or credit card information (“Sensitive Information”), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and protected. The Third-Party Agent servers that we utilize to store personally identifiable information are kept in a secure physical environment. The Third-Party Agent has security measures in place to protect the loss, misuse and alteration of personally identifiable information stored on its servers.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personally identifiable information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
You acknowledge that you provide your personally identifiable information to us with knowledgeable consent and at your own risk.
Deleting and Updating Your Information. If you would like to delete or update the personally identifiable information that we have collected from you, simply email us. We will process your request, where possible and subject to the terms and conditions contained herein, within a reasonable period of time after receipt. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
Opting Out of Receiving E-mail. You may at any time choose to stop receiving emails containing general information regarding Jam City by following the instructions at the end of each such email or by contacting us. Should you be contacted by our Third-Party Agent through email, you can follow the instructions at the end of each such email to stop receiving such emails. There may be a short delay of up to several business days while your request is being verified, deployed and processed across our servers. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your Account, as well as to respond to any inquiry or request made by you.