CREATOR PAYMENT TERMS

LAST UPDATED: JUNE 2024

These KINO Creator Payment terms and conditions (the “Payment Terms”) govern your (the individuals who participate in this Program are referred to as “you,” “your,” or “Creator”) participation in the KINO Creator Program (the “Program”) on the KINO platform (the “Platform”). Additionally, by participating in the Program, you acknowledge that your data will be processed in accordance with KINO Privacy Policy. These Payment Terms incorporate and are expressly subject to the KINO Terms of Service, including the KINO Community Guidelines, each as may be updated from time to time (together, the “Policies”). In the event of any actual conflict between these Payment Terms and the Policies, these Payment Terms will control during and solely with respect to Creator’s participation in the Program. Upon termination of the Program or Creator’s participation in the Program, the Policies will remain in effect and continue to apply to Creator’s use of the Platform. All capitalized terms used but not defined in these Creator Rewards Program Terms have the respective meanings set forth in the Policies.

How to Apply:

To apply to join the Program, you must submit a complete Program application via the Platform or be invited directly by KINO. KINO will notify each applicant of their acceptance or rejection in the Program, which shall be determined by KINO, in its sole discretion and in accordance with KINO’s Policies. If your application is rejected, you may re-apply after 30 days.

You represent and warrant that all application information you submit is truthful, complete, and accurate. You must promptly and timely update the information if there are any changes. By applying for and participating in the Program, Creator agrees as follows:

1. Eligibility

At all times during participation in the Program, only those Creators meeting all the following requirements, which may be updated at any time in KINO’s sole discretion, are eligible to participate in the Program: 

  1. Creator is a legal resident of a country where the Program is made available, and is 18 years of age or older or the age of majority in their place of residence; 
  2. Creator’s KINO account is active and in good standing and in compliance with all Policies, laws and regulations;
  3. Creator has at least one valid linked digital payment account with an approved third party that may be offered or required for use as a payment method through the Program, which is registered in Creator’s own name (a “Payment Account”), is in good standing with the Payment Account provider, and Creator has completed all necessary onboarding documentation for Creator to apply to the Program (including, without limitation, any tax reporting documents required by KINO); and
  4. Creator's account does not belong to a government organization, politician, or political party. 

KINO reserves the right to add or modify eligibility requirements in its sole discretion, which will be applicable to prospective and approved Creators participating in the Program.


Employees, officers, and directors of KINO or its parent, subsidiary, or affiliated companies are not eligible to participate in the Program, unless otherwise determined in writing by KINO in accordance with all relevant national and international law. 


If you disagree with KINO’s decision about your eligibility to participate in the Program, you can appeal the decision via the link in the notification sent to you regarding your eligibility within 30 days.

2. Payments

Subject to Creator’s compliance with the Policies and confirmation by KINO that Creator’s KINO account is in good standing, eligible Creators may be compensated by KINO for their eligible Creator Content with a duration of over 1 minute publicly posted on the Platform ("Eligible Videos"). KINO, in its sole discretion, may compensate Creators based on total legitimate video views and other signals reflecting the popularity of, and engagement with, Eligible Videos, in KINO’s sole discretion ("Compensation Criteria"), or as otherwise agreed to in express written form by KINO. KINO reserves the right to impose a monthly or annual cap on each Creator's available rewards for Eligible Videos. For further information about Compensation Criteria and conditions, please check out the Current Creator Rate Card. Compensation Criteria excludes metrics that KINO determines, in its sole discretion, are (i) artificially produced or obtained, (ii) paid or incentivized, (iii) from the Creator or accounts acting in connection with Creator to inflate metrics, or (iv) otherwise in violation of these Creator Rewards Program Terms, including any metrics related to attempts to manipulate platform mechanisms, as solely measured by KINO. 


All metrics and Compensation Criteria relating to Eligible Videos are based solely on KINO data, and subject to KINO’s sole discretion regarding the eligibility and calculation.


Creator agrees and acknowledges that Creator has sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of redeemed rewards from KINO. Creator further agrees and acknowledges that KINO reserves the right and is authorized to withhold from rewards redemptions any amounts it is required to withhold and pay over to any governmental authority under applicable law, and any such withheld amounts shall be treated as paid to Creator by KINO.


From time to time, and in KINO’s sole discretion, KINO may modify or cease rewards under this program. If we do so, we will provide you with reasonable advance notice before any such changes come into effect. We will notify you of any significant changes to this Program or Payment Terms that impact your rights or obligations via the Platform and, where applicable, through your most recent contact information. If you do not agree to any such changes, you must terminate these Creator Rewards Program Terms as provided below.

3. Payment Processing Terms

KINO does not process any payments made under this Program. KINO integrates with third party payment service providers, subject to their terms and conditions, over which KINO has no control. 


As a convenience, KINO may provide a dashboard reflecting your estimated rewards in U.S dollars on the Program dashboard daily. The conversion (if applicable) may be provided based on the daily exchange rate. Any rewards accumulated under the Program will be calculated in the month following the date that the rewards were earned. Following processing of fees, rewards and the applicable tax, these rewards will then become redeemable and paid on the 15th of each month, or another day of the month as communicated by KINO, if the payable amount meets the minimum payment threshold of $50.00 USD ("Minimum Payment Threshold") and Creator is in compliance with the Creator Rewards Program Terms and Policies. While payments will be made on the 15th of the month, the time of receipt will depend on the payment service provider. If the transfer cannot be completed due to issues relating to the Creator’s Payment Account, KINO will contact the Creator to rectify their account information and retry the transfer. KINO reserves the right to change the Minimum Payment Threshold. If the unpaid estimated rewards do not reach the Minimum Payment Threshold, subject to KINO discretion, the unpaid amount may be deemed expired.

Creator must complete all the onboarding requirements, including providing tax information, to receive rewards. Creator is responsible for linking and maintaining an accurate, up-to-date Payment Account that complies with these Creator Rewards Program Terms and the terms of PayPal, and KINO will not be responsible for any delay, failure, or inability to transfer payment to Creator’s Payment Account due to any reason out of KINO’s control, including Creator’s failure to comply with these Creator Rewards Program Terms or the terms of the third party payment provider. Creator acknowledges that fees may be incurred by the transfer and agrees to bear the cost. KINO shall not be responsible for any fees or charges relating to the use or operation of Creator’s Payment Account.


You agree that if KINO determines that Creator was not eligible to receive rewards that were already redeemed, KINO may offset any future rewards by the amount of rewards erroneously paid. If no future payments are payable, Creator will refund to KINO any amounts owed within thirty (30) days of receiving written notification thereof. Any adjustments or refunds are without prejudice to any other rights or remedies KINO may have arising out of Creator’s breach of these Creator Rewards Program Terms.

4. Termination

KINO may terminate or suspend Creator’s participation in the Program immediately in its sole discretion if (a) a Creator breaches these Creator Rewards Program Terms or Policies, including, without limitation, for failure to meet or maintain the eligibility requirements; and (b) a Creator becomes involved in any situation or occurrence that could reflect unfavorably upon Creator or KINO (including the Platform, the Program, or any employees of KINO).


You acknowledge that KINO reserves the right to mute, remove or disqualify your Eligible Videos if they contain unauthorized uses of music, including videos on-demand or LIVE videos created in the Program.


Termination will become effective upon KINO’s delivery of a termination notice through the Platform. Creator may appeal the termination decision within the prescribed timeframe through the procedure provided by KINO.


You may terminate your participation in the Program at any time by emailing legal@kino.studio


Upon termination, KINO shall have no further payment obligations hereunder. If the estimated rewards owing to Creator at the time of termination exceeds the minimum payment threshold of $50.00 USD, KINO will pay all such undisputed estimated amounts that accrued in compliance with these Payment Terms within a reasonable time after termination. Creators terminated from the Program for cause are ineligible to re-apply for participation in the Program and forfeit any ability to redeem unpaid rewards.


Creator must contact KINO regarding any dispute arising out of payment, perceived accounting or reporting errors, or termination within 30 days of such issue arising. All disputes not raised within such 30 day period shall be deemed waived by Creator.

5. Representations and Warranties

Creator represents and warrants that (a) Creator is over the age of 18 or age of legal majority in their place of legal residence; (b) Creator has read, understands, and agrees to follow the Policies; (c) Creator is solely responsible for the Creator's Eligible Videos, the compliance with the Policies and any applicable legislation or regulation, its ownership and originality, as well as the responsibility for possible violations of third-party rights such as rights to intimacy, privacy, voice and image rights, copyrights, related rights, intellectual property rights and/or any other legally protected rights of third parties, and will make any required payments to any third parties required with respect to Creator’s Eligible Videos and no payment to any third-party shall be due by KINO for the activities described in these Creator Rewards Program Terms; (d) Creator shall not solicit or employ the use of any method, software, automated script, technology which attempts to artificially increase views or interactions with Creator’s Eligible Videos, including for purposes of inflating the number of Video Views, number of Followers, or amounts payable hereunder; and (e) Creator’s participation in the Program will not violate any contract or agreement that Creator is a party to or otherwise bound by, or otherwise interfere with any third-party rights or obligations.

6. Confidentiality and Publicity

Subject to the terms of this section, the details of any reporting metrics that may be provided by KINO or other non-public information contained or resulting from this Program shall be kept strictly confidential by Creator and not published or shared with any third party, except to legal or professional advisors under an obligation of confidentiality.


Creator understands that KINO may issue an official press release relating to the Program and Creator’s participation in the Program. 


Notwithstanding the foregoing, you hereby grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as a participant in the Program, and to use your publicly-available data and Creator Content for the purpose of showcasing you on the Platform, and marketing and promoting KINO to partners. You waive any rights to prior inspection or approval of any marketing or promotional materials related to such Creator Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Creator Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Creator Content.


7. Independent Contractor

The parties acknowledge that their relationship is that of independent contractors and nothing contained in these Payment Terms will be deemed to create or be construed as creating any partnership, joint venture, or employment relationship with KINO or any third party. For the avoidance of doubt, Creator agrees that Creator is not an employee of KINO and is not entitled to (and also hereby waives to the maximum extent allowed by law) any benefits provided or rights guaranteed by KINO, or by operation of law, to its respective employees, including but not limited to group insurance, liability insurance, disability insurance, vacation, leave, retirement plans, or unemployment insurance.

8. Miscellaneous

KINO may modify any of the terms and conditions contained in these Payment Terms, at any time and at its sole discretion. KINO will endeavor to provide notice to Creator of any Program modifications; provided, however, that KINO is not responsible for Creator’s failure to receive notice of changes, and Creator agrees to review the Policies and any updated Creator Rewards Program Terms to ensure that Creator is familiar with the most recent version of such Creator Rewards Program Terms and Policies. Creator’s continued participation in the Program following the public posting of updated Creator Rewards Program Terms to Creator shall constitute Creator’s acceptance of the updated Creator Rewards Program Terms. If Creator does not agree to any updated Creator Rewards Program Terms or Policies, Creator may terminate their participation in the Program at any time.


The failure of KINO to exercise any rights granted herein upon the occurrence of any of the contingencies set forth in these Payment Terms shall not constitute a waiver of such rights. Creator may not assign, transfer, or delegate any rights or obligations contained in these Payment Terms. KINO may assign these Payment Terms at its option without prior notice to Creator.