Snap Inc. Spotlight Submission and Revenue Terms
Effective: November 23, 2020
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
AS DESCRIBED IN MORE DETAIL BELOW, IF YOU QUALIFY, YOU MAY EARN PAYMENTS FOR SNAPS YOU SUBMIT TO SPOTLIGHT FOR ANY APPLICABLE DAY DURING THE ELIGIBILITY PERIOD IN WHICH A SNAP YOU SUBMIT SATISFIES THE APPLICABLE ELIGIBILITY CRITERIA. ONLY A SMALL PERCENTAGE OF CREATORS SUBMITTING SNAPS TO SPOTLIGHT WILL RECEIVE PAYMENTS.
1. Requirements and Rights for Content You Submit to Spotlight
Any eligible Snapchat user can submit their messages (which we call “Snaps”) to Spotlight (each user who submits a Snap to Spotlight, a “Service Provider” or “Creator”). Any Snaps submitted to Spotlight are “Public Content,” as that term is defined in Section 3 of the Snap Inc. Terms of Service, with the following addition to the license provision in Section 3: without limiting any other rights granted by you, you grant to other users of the Service the royalty-free right to copy, edit, and separately synchronize, publicly communicate and perform, and otherwise use and distribute any sound in your Snap to create new content, including new Snaps and new Public Content.
Because Snaps are Public Content, for any Snaps you submit to Spotlight, without limiting any other obligations that you may have, (i) you must have any necessary third-party rights including, without limitation, music copyrights and rights of publicity, for all content in your Snaps, (ii) when you appear in, create, upload, post, or send Public Content, you grant Snap, our affiliates, and our business partners the unrestricted, worldwide, royalty-free right and license for the duration of such rights to use your name, likeness, and voice, including in connection with commercial or sponsored content, and (iii) other than the potential to earn money as a Creator as described in these Snap Inc. Spotlight Submission and Revenue Terms, you will not be entitled to any compensation from Snap, our affiliates, our business partners, or, if applicable, other users, if your Snap, your content, sound recordings, compositions, or your name, likeness, or voice is conveyed through the Service, either on the Snapchat application or on one of our business partner’s platforms.
All Snaps submitted to Spotlight must comply with these Spotlight Terms. Prior to distribution in Spotlight, Snaps may be subject to review for compliance with these Spotlight Terms, in accordance with Snap’s moderation algorithms and procedures, and Snaps that do not comply may not be distributed.
Snaps in Spotlight will be distributed through Snap’s proprietary content distribution algorithm. To maintain the quality of Spotlight, we may also limit the number of Snaps that Creators can submit over a certain period of time, based on Snap’s criteria for the performance of content on the Snapchat application, and if you exceed the limit, you will be notified when you submit to Spotlight.
2. Spotlight Payment Eligibility
To encourage and incentivize you to perform the services of creating and posting your Snaps to Spotlight, we would like to pay you for your services if you qualify as described in these Spotlight Terms. Only a small percentage of Creators submitting Snaps to Spotlight will receive payments. Snaps submitted to Spotlight prior to your agreement to these Spotlight Terms will not be eligible for payments. Payment may be funded either by Snap or from a portion of the proceeds we receive from advertisements distributed in Spotlight during that day, if any, (our payment to you, as potentially modified below, the “Service Payment” or just “Payment”).
To be eligible for a Payment, a Snap that you submit to Spotlight must have performed well enough in Spotlight during a single day calculated using Pacific Time, based on our payment formula, to have accumulated at least a $250 USD Payment in that day (“Value Threshold”). If a Snap you submit to Spotlight achieves the Value Threshold during a day in the first 28 days after it is submitted to Spotlight (“Eligibility Period”), then subject to all other criteria set forth in these Spotlight Terms, you will be eligible to receive payment for your services for that day. Payments will be allocated to eligible Creators that meet the Value Threshold, in accordance with our proprietary payment formula, which may be adjusted by us from time-to-time, and which is based on a number of factors, which may include the total number of unique video views attributable to your specific Snap and the relative performance of your Snaps compared to other Snaps in Spotlight. Whether you reach the Value Threshold, and the amount of any Payment you may earn, may be impacted by our moderation and content suggestion algorithms, which may prioritize content by taking into account a number of factors, including the total number of unique video views and favorites attributable to a Snap, the number of daily users who view your content, the time spent by users viewing your content, and the past performance of your content.
All Payments, if any, will be solely based on our calculations. In determining whether a Snap you submit to Spotlight qualifies for a Payment, we may exclude what we call “Invalid Activity,” i.e., activity that artificially increases the number of views or other viewership metrics of your Snaps. Invalid Activity will be determined by Snap in its sole discretion at all times and includes, but is not limited to, (i) spam, invalid queries, or invalid impressions generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your mobile device, mobile devices under your control, or mobile devices with new or suspicious accounts; (ii) impressions generated by payment of money or other inducements to third parties, false representation, or the offer to trade views of Snaps; (iii) impressions generated through activity that is otherwise in violation of the terms that govern the Service, and (iv) clicks or impressions co-mingled with any of the activity described in (i), (ii), (iii), and (iv) above.
Spotlight, and the ability to earn Payments, will only be available in a limited number of countries, which are listed in the The Spotlight Guidelines & FAQ (the “Eligible Countries”). At any time, Snap may add or remove countries to the list of Eligible Countries.
3. Payment Account Eligibility
Subject to these Spotlight Terms, only Creators meeting all of the following requirements will be eligible to receive Payments from Snap:
You must be present in an Eligible Country at the time you submit your Snap to Spotlight.
If you’re an individual, you must be a legal resident of an Eligible Country, and you must have reached the legal age of majority in your jurisdiction or be at least 16 years old and have obtained the required parental or legal guardian consent(s) in accordance with our procedures. We reserve the right, on behalf of ourselves, our affiliates, and our third-party payment provider, to require verification of parental/legal guardian consent for minors as a condition of payment under these Spotlight Terms.
If you’re an entity, you are incorporated, headquartered, or have an office within an Eligible Country.
You have provided Snap and its authorized third-party payment provider with accurate contact and other information as required, so that Snap or its third-party payment provider may contact you and cause payment to be made to you (or your parent/legal guardian(s), if applicable) if you qualify for a Payment.
Your Snapchat account and Payment Account (defined below) are active, in good standing (as determined by us and our third-party payment provider), and in compliance with these Spotlight Terms.
You will not earn, and we will not owe you, any Payment if you do not pass our, or our third-party payment provider’s, compliance review. Such review may include, but is not limited to, a check to determine if you appear on any restricted party list maintained by any relevant government authority, including the U.S. Specially Designated Nationals List and Foreign Sanctions Evaders List. In addition to any other uses described in these Spotlight Terms, the information you provide to us may be shared with third parties in order to verify your identity, conduct our compliance review, and complete the payment process.
If you are (i) an employee, officer, or director of Snap or its parent, subsidiaries, or affiliated companies, or (ii) a government entity, subsidiary or affiliate of a government entity, or member of a royal family, you will not be eligible for Payments. In addition, if you have been engaged by or on behalf of Snap outside of these Spotlight Terms to test or provide content specifically for Spotlight, you will not be eligible for Payments for content you created during the term of that engagement.
4. Payment Notification and Process
If a Snap you submitted to Spotlight achieves the Value Threshold and otherwise complies with these Spotlight Terms, then we will notify you of your eligibility by sending you a message from “Team Snapchat” in the Snapchat application or to the email address you have provided to us. In order to receive the Payment, if any, you must provide us accurate contact information, including email, and you (or your parent/legal guardian(s), as applicable) must create and complete all necessary requirements for a payment account using Snap’s authorized third-party payment provider as further described by Team Snapchat (a “Payment Account”). To earn Payment, you must (i) provide us with an accurate email within 30 days of the day Team Snapchat first contacts you regarding the applicable Payment and (ii) create a Payment Account and obtain required parental consent or legal guardian consent(s), if necessary, within 45 days of the day Team Snapchat first contacts you regarding the applicable Payment.
If you provide us with an accurate email, create a Payment Account, and obtain required parental consent then, to the extent permitted by law, you (or your parent/legal guardian(s), as applicable) will be able to transfer Payments due to you within 60 days of the first day Team Snapchat initially contacts you regarding Payment. Payments may be issued to you on behalf of Snap by subsidiary or affiliate entities or other authorized third-party payment providers, which may act as the payor under these Spotlight Terms. Snap will not be responsible for any delay, failure, or inability to transfer Payments to your Payment Account due to any reason out of Snap’s control, including your failure to comply with these Spotlight Terms or the terms of the applicable Payment Account. Snap will not be responsible if, due to any reason out of Snap’s control, someone other than you (or your parent/legal guardian(s), as applicable) transfers your Payments using your Payment Account information. Payment will be made in United States dollars, but you may elect to withdraw the funds from your Payment Account in your local currency, subject to use, exchange, and transaction fees, as further explained in The Spotlight Guidelines & FAQ. If you do not (i) provide us with an accurate email within 30 days of the day Team Snapchat first contacts you regarding the applicable Payment and (ii) create a Payment Account and obtain required parental consent or legal guardian consent(s), if necessary, within 45 days of the day Team Snapchat first contacts you regarding the applicable Payment, then you will not earn Payment.
In addition to our other rights and remedies, we may, to the extent permitted by law, without providing a warning or prior notice, withhold, offset, adjust, or exclude any Payments owed to you under these Spotlight Terms for suspected Invalid Activity, failure to comply with these Spotlight Terms, or to offset such amounts against any fees you owe us under any other agreement.
You represent that all information you provide to us or our subsidiaries, affiliates, or authorized payment provider, is truthful and accurate, and that you will maintain the accuracy of such information at all times.
You agree and acknowledge that you have sole responsibility and liability for any and all taxes, duties, or fees relating to any Payments you may receive in connection with the Service. Payments are inclusive of any applicable sales, use, excise, value added, goods and services or similar tax payable to you. If, under applicable law, taxes are required to be deducted or withheld from any Payments to you, then Snap, its affiliate, or its authorized third-party payment provider may deduct such taxes from the amount owed to you and pay such taxes to the appropriate taxing authority as required by applicable law. You agree and acknowledge that payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under these Spotlight Terms. You will provide Snap, its subsidiaries, affiliates, and any authorized payment provider with any forms, documents or other certifications as may be required to satisfy any information reporting or withholding tax obligations with respect to any Payments under these Spotlight Terms.
6. Advertising on Spotlight
Spotlight may contain advertisements. You agree that you are engaging us, our affiliates, and our third-party partners, with no payment from you, to distribute advertising on the Spotlight Service in our sole discretion. You agree to facilitate the distribution of such advertisements by agreeing to these Spotlight Terms, abiding by the Guidelines portion of The Spotlight Guidelines & FAQ, and continuing to provide Snap with access to any Snaps you submit to Spotlight subject to these Spotlight Terms. We will determine all aspects of the advertisements distributed on the Spotlight Service, if any, including the type, format, and frequency of the advertisements distributed in connection with your Snaps submitted to Spotlight, in our discretion. We also reserve the right, in our discretion, to not show advertisements on, in, or alongside your Snaps on Spotlight for any reason.
7. Your Representations and Warranties
You agree that any non-public information that may be provided by Snap is confidential and that you will not disclose it to any third party without Snap’s express, prior written approval.
Spotlight Snaps are public. You understand that Snaps you submit to Spotlight are Public Content and may be visible to all Snapchat users, as well as non-Snapchat users on other services and websites.
We may feature Spotlight Snaps in Snapchat, including in Discover as part of a Curated Story, Publisher Edition, or Show.
Other users may edit or use your Spotlight Snaps, share your Spotlight Snaps in Chat with their Friends, share a link to your Spotlight Snaps through other non-Snapchat services (such as messaging services), and share a link to your Spotlight Snap on third-party websites.
If you decide to add a location tag to your Spotlight Snap, your Spotlight Snap may also be associated with a Place and appear on the Snap Map.
We may feature your Spotlight Snaps in Search and associate them with Pages, for example, if your Snap uses a certain Lens, sound or other distinct element.
If you submit a Snap to Spotlight, other users may favorite the Snap, and that favorite Spotlight Snap will appear in that user's private Favorites list.
We may analyze Spotlight Snaps for trends, analytics, research and development, optimization, and machine learning.
To contact you about Payment Account eligibility and reach out to you for other questions about your Spotlight Snaps or our use of your Spotlight Snaps.
Retention of Spotlight Snaps. Spotlight Snaps submissions may be stored indefinitely and may be visible on Snapchat for long periods of time — sometimes for months or more.
Control over your Spotlight Snaps. You can manage Snaps submitted to Spotlight in your Profile. You can also use Download My Data to obtain a copy of information, so you can move it or store it wherever you want. See the Section Control Over Your Information for more information on controls you have, including your right to request a copy of your information.
Sharing information with third parties. We may share information about you with service providers who perform services on our behalf, such as third-party payment providers, as described in Section 3 of these Spotlight Terms.
Of course, if you still have questions about how your data is handled, just contact us.
10. Termination; Suspension
In addition to any other rights or remedies we may have, we reserve the right to suspend or terminate the distribution of your Snaps in Spotlight, the revenue program related to Spotlight, or the Spotlight Service. In the event that you do not comply with these Spotlight Terms, then all unpaid amounts accrued but not yet transferred to your Payment Account may be forfeited. If at any time you don’t agree to any portion of these Spotlight Terms, you must stop using Spotlight or the applicable parts of the Service.
11. No Agency Relationship
Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and Snap. You and we acknowledge that as a Service Provider you are an independent contractor to Snap.
As mentioned above, if Snap determines you have earned a Payment, Snap or our third-party payment provider will notify you via the contact information you provided in your user profile, including the email address, or through our official Snapchat account Team Snapchat. Snap may also contact you regarding your Snaps that are not eligible to receive Payments and for other reasons. Please keep your email and phone number up to date, and verify your email. If you previously blocked or removed Team Snapchat from your friends, you agree that we may reinstate Team Snapchat so that you will receive official messages from us on Snapchat.
13. Arbitration and Governing Law
ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
From time to time, we may revise these Snap Inc. Spotlight Submission and Revenue Terms. You can determine when these Snap Inc. Spotlight Submission and Revenue Terms were last revised by referring to the “Effective” date at the top. Any changes to these Spotlight Terms will become effective when we post the updated Spotlight Terms on our website, and will apply to your use of the Services after that time. You agree to review these Spotlight Terms, including any updates, regularly to ensure that you are familiar with the most recent version of such terms. By using the Service following the public posting of updated Spotlight Terms, you will be deemed to have agreed to the updated Spotlight Terms. If you do not agree to the modifications you must stop using the Service.