TERMS OF USE FOR CREATORS
Last updated September 24, 2023
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
We are Expressive Online, doing business under the brand SponsoGo ("Company," "we," "us," "our"), a company registered in Morocco at 10 rue de la liberté 3ème étage, Casablanca 20000.
We operate the website https://sponsogo.com (the "Site"), the mobile application SponsoGo (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
SponsoGo is a space designed to allow Creators to easily and securely share their passion, services and art with their audience, while being rewarded for their work.
A "Creator" is a user of our Services who has special access to publish and sell digital and/or physical goods on our platform (Services) to Users.
A "User" is a user of our services who can only view, browse and purchase digital and/or physical goods from Creators.
These Terms of Use for Creators are additional terms which apply if you use our Services as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
"TVA" or "VAT" means Morocco value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Morocco or any other jurisdiction.
Please make sure that you read also our :
If you are also a User of our Services, the Terms of Use for Users will also apply to your use of SponsoGo as a User; and
If you participate in the SponsoGo Referral Program, the Referral Program Terms will apply to your use of the SponsoGo Referral Program.
You will need on your User settings page to add a bank account or payment details of your bank account or a payment method.
You will need on your User account page to select one of the available methods provided by SponsoGo as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to VAT.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Subscribers a monthly subscription fee you will need to set your subscription price for your Subscribers within the range allowed by SponsoGo as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to become your Subscribers.
If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
User Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
When you receive confirmation from SponsoGo, either in the ‘Statements’ page of your User account or by email (or both), that the User/Creator Transaction has been confirmed, you must perform your part of such User/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customized Content paid for by the User and/or allowing the User to use the user interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Your Content is not confidential, and you authorize your Users to access and view your Content on SponsoGo for their own lawful and personal use, and in accordance with any licenses that you grant to your Users.
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on SponsoGo:
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of SponsoGo. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to SponsoGo.
You must ensure that any Advertising Content which you post to your Creator account does not:
You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on SponsoGo.
You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Fee will be deducted from the User Payment received and your Creator Earnings will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your SponsoGo account 10 days after such Creator Earnings appear in your SponsoGo account.
To make a withdrawal of Creator Earnings from your SponsoGo account, you must have at least the minimum payout amount in your SponsoGo account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
The amount that you see in your ‘current balance’ in your SponsoGo account is your Creator Earnings at the relevant time. All User Payments and Creator Earnings are transacted in MAD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
If a User successfully seeks a refund or chargeback from their credit card provider in respect of a User Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation, we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any User Payments which resulted in forfeited Creator Earnings are returned to the relevant Users who paid such User Payments.
By using SponsoGo as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of SponsoGo to the relevant Tax authority in your jurisdiction, as required by law.
By using SponsoGo as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an SponsoGo account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
We reserve the right to close your SponsoGo account if we are notified of or become aware of any Tax non-compliance by you.
You agree to send us an invoice addressed to Expressive Online, in respect of your Creator Earnings (and Referral Payments, if any) for the relevant period together with the VAT on such Creator Earnings (and Referral Payments, if any);
The VAT element added to your Creator Earnings (and Referral Payments, if any) (the "VAT Amount") will be paid to you provided that you:
You agree that you will keep copies of all invoices and tax declarations in connection with your earnings from SponsoGo. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT and tax legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT and tax legislation.
Last updated September 24, 2023
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
We are Expressive Online, doing business under the brand SponsoGo ("Company," "we," "us," "our"), a company registered in Morocco at 10 rue de la liberté 3ème étage, Casablanca 20000.
We operate the website https://sponsogo.com (the "Site"), the mobile application SponsoGo (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
SponsoGo is a space designed to allow Creators to easily and securely share their passion, services and art with their audience, while being rewarded for their work.
A "Creator" is a user of our Services who has special access to publish and sell digital and/or physical goods on our platform (Services) to Users.
A "User" is a user of our services who can only view, browse and purchase digital and/or physical goods from Creators.
These Terms of Use for Creators are additional terms which apply if you use our Services as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
"TVA" or "VAT" means Morocco value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Morocco or any other jurisdiction.
Please make sure that you read also our :
- Our Terms of Use
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can’t do on SponsoGo;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of SponsoGo, and how we will deal with that complaint;
- The Standard Contract between User and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each User/Creator Transaction you enter into on SponsoGo; and
If you are also a User of our Services, the Terms of Use for Users will also apply to your use of SponsoGo as a User; and
If you participate in the SponsoGo Referral Program, the Referral Program Terms will apply to your use of the SponsoGo Referral Program.
1. Fees
We charge a fee to you of twenty per cent (20%) of all User Payments made to you (exclusive of any VAT element of the User Payment) called Our "Fee". The remaining eighty per cent (80%) of the User Payment (exclusive of any VAT element of the User Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating SponsoGo and storing your Content. Our Fee is deducted from the User Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.2. Setting up your account
To set up your account as a Creator account, you will need on your User settings page to complete the form and upload the required documents in the section titled "Become a Creator" or a similar title in accordance with the requirements set out here.You will need on your User settings page to add a bank account or payment details of your bank account or a payment method.
You will need on your User account page to select one of the available methods provided by SponsoGo as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to VAT.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Subscribers a monthly subscription fee you will need to set your subscription price for your Subscribers within the range allowed by SponsoGo as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to become your Subscribers.
If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
3. Your legal responsibility
Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.4. User/Creator Transactions
All User/Creator Transactions are contracts between Users and Creators on the terms of the Standard Contract between User and Creator. Although we facilitate User/Creator Transactions by providing the SponsoGo platform and storing Content, we are not a party to the Standard Contract between User and Creator or any other contract which may exist between a User and Creator, and are not responsible for any User/Creator Transaction.User Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
When you receive confirmation from SponsoGo, either in the ‘Statements’ page of your User account or by email (or both), that the User/Creator Transaction has been confirmed, you must perform your part of such User/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customized Content paid for by the User and/or allowing the User to use the user interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
5. Content – General terms
In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on SponsoGo:Your Content is not confidential, and you authorize your Users to access and view your Content on SponsoGo for their own lawful and personal use, and in accordance with any licenses that you grant to your Users.
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on SponsoGo:
- the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- you hold all rights necessary to license and deal in your Content on SponsoGo, including in each territory where you have Users;
- you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Users;
- if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on SponsoGo; and
- the Content is:
- of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
- reasonably suitable for any purpose which the User has made known to you is the purpose for which the User is using the Content; and
- as described by you.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of SponsoGo. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to SponsoGo.
6. Advertising on SponsoGo
If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in our Terms of Use.You must ensure that any Advertising Content which you post to your Creator account does not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behaviour prejudicial to health or safety;
- encourage behaviour grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to any person;
- directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage persons to persuade others to purchase or rent goods or services;
- exploit the trust of persons in others; or
- unreasonably show persons in dangerous situations;
- does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
- does not advertise, promote, or facilitate illegal gambling, and
- in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
7. Co-authored Content
If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on SponsoGo; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
- has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- has consented to the Co-Authored Content in which he or she appears being posted on SponsoGo.
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on SponsoGo.
You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
8. Payouts to Creators
All User Payments will be received by a third-party payment provider approved by us.Fee will be deducted from the User Payment received and your Creator Earnings will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your SponsoGo account 10 days after such Creator Earnings appear in your SponsoGo account.
To make a withdrawal of Creator Earnings from your SponsoGo account, you must have at least the minimum payout amount in your SponsoGo account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
The amount that you see in your ‘current balance’ in your SponsoGo account is your Creator Earnings at the relevant time. All User Payments and Creator Earnings are transacted in MAD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
If a User successfully seeks a refund or chargeback from their credit card provider in respect of a User Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
8.1 Circumstances in which we may withhold Creator Earnings
We may withhold all or any part of the Creator Earnings due to you but not yet paid out:- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the User who made the User Payment resulting in the Creator Earnings,
- for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation, we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any User Payments which resulted in forfeited Creator Earnings are returned to the relevant Users who paid such User Payments.
9. Promoting Tax compliance and VAT
We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.By using SponsoGo as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of SponsoGo to the relevant Tax authority in your jurisdiction, as required by law.
By using SponsoGo as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an SponsoGo account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
- notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
- promptly provide us by email to [email protected] with:
- details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
- such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
We reserve the right to close your SponsoGo account if we are notified of or become aware of any Tax non-compliance by you.
You agree to send us an invoice addressed to Expressive Online, in respect of your Creator Earnings (and Referral Payments, if any) for the relevant period together with the VAT on such Creator Earnings (and Referral Payments, if any);
The VAT element added to your Creator Earnings (and Referral Payments, if any) (the "VAT Amount") will be paid to you provided that you:
- submit your current company registration and tax numbers;
- send a valid invoice generated and submitted to [email protected] and
- follow your local accounting and tax laws and regulations to declare your earnings and VAT.
You agree that you will keep copies of all invoices and tax declarations in connection with your earnings from SponsoGo. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT and tax legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT and tax legislation.
