Bitmoji for Partners Terms
Effective: July 1, 2021
ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Bitmoji for Partners Terms form a legally binding contract between you and Snap, govern your use of the Snap Developer Program to integrate Bitmoji (“Bitmoji for Partners Program”), and are incorporated into the Snap Developer Terms. Some terms used in these Bitmoji for Partners Terms are defined in the Snap Developer Terms or Business Services Terms.
1. Bitmoji for Partners Program
a. The Bitmoji for Partners Program enables you to integrate Bitmoji into your Application through the use of the Bitmoji IP that Snap makes available to you (a “Bitmoji Integration”). “Bitmoji IP” means the Bitmoji SDK, Bitmoji API, Bitmoji name(s), logo(s), and trademark(s), Bitmoji application, Bitmoji avatars, or other Bitmoji products and services made available to you by Snap.
b. Each Bitmoji Integration must be approved by Snap in writing (email acceptable) prior to launch. All uses of Bitmoji IP, and all associated goodwill, will inure solely to the benefit of Snap and Snap will retain all right, title, and interest in and to the Bitmoji IP.
c. Any creation of a Bitmoji avatar using Bitmoji is governed by the Snap Terms of Service.
2. Bitmoji Integrations
a. You may not launch or integrate a Bitmoji Integration on or as part of your Application: (i) on any distribution platforms or channels (“Platforms”) not expressly authorized by Snap; or (ii) without Snap’s prior written approval of the final UI/UX. Any subsequent material changes to the UI/UX or requests to vary the Platforms on which the Bitmoji Integration may be launched must be approved by Snap prior to launch.
b. You will ensure that you will use the Bitmoji IP in connection with each Bitmoji Integration in accordance with all documentation and specifications provided or made available by Snap from time to time and solely for the following purposes: (i) to design, develop, integrate, implement, test, operate, maintain, and support Bitmoji in your Application for distribution on approved Platforms; (ii) to allow end users of your Application to create or import their Bitmoji avatar for use within your Application; and (iii) to allow your authorized developers to do the foregoing, provided that you will (x) ensure that each authorized developer complies with these Bitmoji for Partners Terms; and (y) be liable for any breach of these Bitmoji for Partners Terms by an authorized developer.
c. You and your Application must: (i) only use the Bitmoji identity assets, including Bitmoji avatars, as provided by Snap or as Snap otherwise approves in writing; (ii) not modify, customize or create derivative works of (or allow users to do the same) any Bitmoji avatars or Bitmoji IP including Bitmoji expressions, outfits, costumes, and accessories without Snap’s prior written approval (with any such customizations, modifications and derivative works deemed Bitmoji IP and Snap will own, and you agree to assign, all intellectual property in the same); (iii) not monetize Bitmoji IP or Bitmoji identity assets without Snap’s prior written approval, including charging users for access to Bitmoji avatars, expressions, outfits, costumes, or accessories; (iv) not feature or promote sexually explicit content or put Bitmoji avatars in lewd, offensive, or crude situations; (v) not allow, promote or tolerate harassment or bullying; (vi) not feature excessive violence, blood, and/or gore; (vii) not allow, promote or tolerate hate speech or discrimination of any kind; (viii) not include, promote or link out to content connected to pornography or illegal activities/marketplaces; and (viii) if applicable, be rated at least one of the following: ESRB Teen, App Store 12+, PEGI 12, USK 12, ACB PG and/or ClassInd 14.
d. Upon termination or expiration of these Bitmoji for Partners Terms, you will cease all use of the Bitmoji for Partner Program (including any use of Bitmoji within your Application) and all licenses to you set out in these Bitmoji for Partners Terms will automatically expire following which you will permanently discontinue all use of the Bitmoji IP to the satisfaction of Snap.
3. Publicity and Promotions
In addition to the restrictions under the Snap Developer Terms, you must not do any of the following without Snap’s prior review and prior written approval: (a) include any Bitmoji IP in any public statement (including for the purposes of promoting your Application, products or services); or (b) conduct a Promotion using Bitmoji IP or in connection with the Services or any Snap or Bitmoji product or service.
4. Entire Agreement
These Bitmoji for Partners Terms set forth the entire understanding and agreement between you and Snap with respect to the Bitmoji for Partner Program and any Bitmoji Integration, and supersede all other agreements between you and Snap regarding your use of the Bitmoji for Partners Program.