https://ambassadors.mym.fans - TERMS OF USE - Version 1.3 - APRIL 2020

IMPORTANT – PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICES OF THE WEBSITE, AND KEEP A COPY THEREOF.

BY CONTINUING TO BROWSE, YOU UNDERSTAND AND ACCEPT THAT BROWSING THIS SITE AND THE PRESENT TERMS & CONDITIONS OF USE ARE SUBJECT TO FRENCH LAW, AND THE JURISDICTION OF FRENCH COURTS.

 

PREAMBLE

AIR MEDIAS is a simplified joint stock company with share capital of €2,000, whose headquarters are based in 26 rue Maurice Flandin, 69003 Lyon, France, registered in the Commercial and Companies Register under the number 809 565 906.

It provides content-sharing services between Models and Users through its Website available at the following address https://mym.fans.

Users can thus consult the Content published by the Models, whereas Models can publish this Content via their Account, in a public or restricted manner and within the framework of the use of our Services.

The Ambassadors’ Website and Portal also makes it possible for Ambassadors to sponsor Models as well as other Ambassadors.

A portion of the earnings made from the Models’ and Ambassadors’ use of Services are thus collected by the Ambassador.

A special portal is made available to the Ambassadors at the following address: https://ambassadors.mym.fans

The purpose of this document is to define the Terms and Conditions of use of the Ambassadors’ Website and Portal by the Ambassadors.
 

A special portal is also made available to the Models at the following address: https://creators.mym.fans. This is subject to the Terms & Conditions of use available at the following address: https://creators.mym.fans/terms-sale.php

Before registering, Ambassadors must check that the Services proposed by AIR MEDIAS are suited to them by ensuring that they:

  • fully read the present Terms and Conditions;
  • consult the information available on the Website.

Furthermore, Ambassadors expressly acknowledge that they have benefited from full pre-contractual information from AIR MEDIAS, in particular through the prior provision of the Terms & Conditions.

 

ARTICLE 1. Definitions

The terms and expressions specified below, when preceded by a capital letter, are defined as follows for the purposes of interpretation and application of this document:
 

User Refers to any adult visitor registered or not on the Website, and wishing to have access to both the Services and the Content proposed on the Website.
Account Refers to the space reserved for the Ambassador on the Website, created once the Registration has been completed
Terms and Conditions  Refer to the terms and conditions of use and of sale that are the purpose of this document
Registration Refers to the Ambassador’s act of registering in that capacity on the Ambassadors’ Portal for the purpose of benefiting from Services
AIR MEDIAS Refers to the company AIR MEDIAS, simplified joint stock company with share capital of €2,000, whose headquarters are based in 26 rue Maurice Flandin, 69003 Lyon, France under the number 809 565 906
Sponsored Model Model who used the Ambassador’s unique sponsorship link in order to register on the Website
Sponsored Ambassador Ambassador who used the Ambassador’s unique sponsorship link in order to register on the Ambassadors’ Portal
Model Refers to any physical person who has created a “Model” account on the designated page and who has published online Content on the Website
Parties Refers to AIR MEDIAS and the Ambassador
Services Refers to the services proposed by AIR MEDIAS to Ambassadors on the Ambassadors’ Portal
Content Refers to the photographs and videos published on the Website by the Models
Website Refers to the website accessible at the following URL: https://mym.fans as well as all its functionalities
Ambassadors’ Portal Refers to the portal accessible to Ambassadors at the following address: https://ambassadors.mym.fans
Ambassador Refers to any person having finalized their Registration who puts Models in contact with AIR MEDIAS, in an independent manner

 

ARTICLE 2. Scope of Application

The present Terms & Conditions govern and define the terms and conditions of use of the Services provided by AIR MEDIAS to Ambassadors on the Ambassadors’ Portal, and more generally any use of the Website and the Ambassadors’ Portal by the Ambassadors. 

These Terms & Conditions are accessible at all times on the Ambassadors’ Portal at the following address: https://ambassadors.mym.fans/terms.php

These are submitted to Ambassadors prior to Registration.

Ambassadors are required to acquaint themselves with the Terms and Conditions and guarantee that they have accepted them by ticking the box provided for this purpose, prior to Registration.

Non-acceptance of the Terms and Conditions will block all Registrations.

The Parties agree that their relations shall be exclusively governed by the present Terms and Conditions.

Any derogation from the Terms and Conditions is not enforceable against the Parties unless it has been duly accepted and formalized in writing and signed by them.

The failure for one of the Parties to sanction behavior deviating from the Terms and Conditions does not imply acceptance of this behavior, or renunciation of bringing the perpetrator to justice.

The fact that one of the Parties does not avail of a commitment made by the other Party concerning one of the obligations stipulated in the Terms and Conditions, cannot be interpreted for the future as a waiver of the obligation in question.

These Terms and Conditions may be subject to future modifications. AIR MEDIAS reserves the right to modify these at any time.

In the case of any updates in the Terms and Conditions, these must once again be accepted by the Ambassador prior to accessing the Services. 

Any modification will be directly enforceable against the Ambassador as soon as this is brought to their attention. 

The Website and the Ambassadors’ Portal are freely available on the Internet and are accessible to all those with Internet access. 

Access to certain Services is however subject to validation of the Ambassador’s Registration criteria by AIR MEDIAS.

All costs related to accessing the Website and the Ambassadors’ Portal such as material, software and Internet access costs are exclusively at the expense of those visiting the Website and the Ambassadors’ Portal, who are solely responsible for the smooth running of their equipment as well as their Internet access.

It is up to them in particular to check the settings of all filters and other software that can block access to the Website and the Ambassadors’ Portal.

In the case where one or several of the current provisions is considered as illegal, unenforceable or inapplicable by a court decision, the remaining provisions shall remain in force.

 

ARTICLE 3. Access to the Website

3.1. Purpose of the Website and the Ambassadors portal

The purpose of the Website is to provide services to Users and to Models, and to allow them to share and access Content under the conditions established within the User Terms and Conditions available at the following address: https://mym.fans/terms.php

The Terms and Conditions applicable to Models are available at the following address: https://creators.mym.fans/terms-use.php

The purpose of the Ambassadors’ Portal is to provide Services to Ambassadors, to allow them to access their Account and to allow them to manage unique sponsorship links and the payment of their earnings made under these Terms and Conditions.

3.2. Access to the Website

Access to the Website and to the Ambassadors’ Portal is strictly reserved to adults.

Their access is strictly forbidden to minors, as defined by national legislation applicable to Ambassadors, or in any case, to persons under 18 years of age.

AIR MEDIAS encourages parents to supervise the use made of all Internet access by their children, and recommends the implementation of parental control measures, content filters and other security software.

AIR MEDIAS endeavors to provide, but does not guarantee, 24/7 access to its Website and to the Ambassadors’ Portal, except in the case of force majeure or an event beyond its control, and subject to possible maintenance interventions that are necessary for the smooth running of the Website and/or interventions to improve and/or modify the Website itself.

Whenever technically possible, AIR MEDIAS will forewarn the Ambassadors of any foreseeable interruption twenty-four hours beforehand.

In no case will AIR MEDIAS be held responsible for any interruptions in access to the Website or to the Ambassadors’ Portal or their consequences, whatever the extent, except in the case of gross negligence or intentional misconduct on the part of AIR MEDIAS, directly leading to the said interruption in access.

3.3. Security and viruses

It is up to each Ambassador and more generally any person visiting the Website or the Ambassadors’ Portal to take all appropriate measures to protect against contamination of their data, software or material by possible viruses circulating within the Website or the Ambassadors’ Portal, or the information published therein, and to manage their data backup.

Ambassadors expressly accept and recognize that they are solely responsible for monitoring the use of the Website and Ambassadors’ Portal, and that they are entirely responsible for any damage caused to their IT system or any Internet access terminal and for any loss of data resulting from downloading or use of the Website or the Ambassador’s Portal.

3.4. Use of the Website

The Ambassador undertakes to use the Ambassadors’ Portal with due regard to all the stipulations herein.

The Ambassador expressly accepts that the Ambassadors’ Portal and the information and tools accessible therein are used entirely at their responsibility and independently.

The Ambassador is forbidden from carrying out any type of download or operation, or behaving in any way on the Website or the Ambassadors’ Portal that could in any way prevent the smooth or normal running of operations provided for herein.

In any case, the Ambassador is solely responsible for damages of any kind that may be caused by their actions on the Website or the Ambassadors’ Portal. 

The Ambassador is forbidden from acting in any way that would undermine the reputation of the AIR MEDIAS website, or the legal personality of its management, employees, partners and especially the Models, in particular through the Website or social networks of AIR MEDIAS or of the Ambassador.

 

ARTICLE 4. Access to Services

As part of the use of Services, the Ambassador undertakes to provide strictly true and up-to-date information to AIR MEDIAS and more generally to behave fairly and in perfectly good faith.

This undertaking is a crucial prerequisite for AIR MEDIAS, which the Ambassador understands and accepts.

In the case of a breach of this general obligation of fair dealing and good faith, and particularly in the case of providing incomplete, false or out-of-date information, the Ambassador understands and accepts that AIR MEDIAS may retroactively terminate this agreement between the Parties, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions.

In addition, providing a fictitious address or tax residence, especially for the purpose of avoiding the applicable VAT, constitutes a tax fraud offense, as defined in Article 1741 of the General Tax Code, and is liable for a sentence of 5 years in prison and a fine of €500,000.

Furthermore, it should be noted that Article 226-4-1 of the Penal Code stipulates that: “impersonating a third party or making use of data of any kind to identify a person in order to disturb their tranquility or that of others, or damage their honor or reputation, is punishable by one year’s imprisonment and a fine of €15,000.

Article 441-1 of the Penal Code stipulates that “Forgery consists of any fraudulent alteration of the truth ,liable to cause harm and made by any means in a document or other medium of expression of which the object is, or effect may be, to provide evidence of a right or of a situation carrying legal consequences.

Forgery and the use of forgery is punishable by three years’ imprisonment and a fine of €45,000.”

Article 441-2 of the same Code stipulates that: “Forgery committed in a document delivered by a public body for the purpose of establishing a right, an identity or a capacity, or to grant an authorization is punishable by five years' imprisonment and a fine of €75,000.

The use of forgery mentioned in the previous paragraph is punishable by the same sentences.

The sentences may be increased to seven years’ imprisonment and a fine of €100,000 when the forgery or use of forgery is committed:

1° Either by a person in a position of public authority or a person exercising his or her functions while undertaking a public service mission;

2° Or on a regular basis;

3° Or with a view to facilitating a crime or to procuring impunity for its perpetrator.

In application of the aforementioned provisions, any attempt by an Ambassador to use forgery of any kind, detected by AIR MEDIAS, or any attempt to avoid paying the VAT rate in force in their country of residence shall lead to the closure of the Ambassador’s Account, to their permanent ban and to the retroactive termination of the agreement binding the Parties, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions, in addition to any possible legal proceedings with the purpose of repairing the damage caused to AIR MEDIAS.

4.1. Registration Procedure 

In order to use all the Services, any person wishing to benefit from the status of Ambassador must create an Account. 

Accounts can only be created by natural persons who can act in their own name or in a professional capacity. 

Creating an account is free, and this can be done by using the form available at the following address: https://ambassadors.mym.fans, which is accessible from the home page of the Ambassadors’ Portal. 

Any natural person wishing to benefit from Ambassador status can therefore create a free Account with AIR MEDIAS.

The creation of an Account does not signify its validation by AIR MEDIAS, and does not signify validation and verification of the eligibility criteria concerning the status of Ambassador.

When creating an Account, the natural person must enter the type of “Personal Account” desired, when that person is acting in their own name, and does not yet benefit from all the necessary authorizations for a gainful activity such as that of “Ambassador”, or alternatively enter “Professional Account” if they have already obtained the necessary authorizations for the activity of Ambassador.

The natural person registering guarantees that all the information provided during this registration is accurate. 

Each Account is nominative.

In the case of providing false information relative to their identity, the Ambassador understands and accepts that AIR MEDIAS may terminate the present agreement between the Parties, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions.

4.1.1. Account Creation

The personal Account is created via the Ambassadors’ Portal.

The person wishing to register is requested to provide their first name, surname, email address and telephone numbers.

A “Professional” Instagram account or a Website managed by the person wishing to register must be provided. 

AIR MEDIAS will verify the existence of the Website and the Instagram account.

4.1.2. Indication of the nature of the Account

To finalize the creation of an Account, during the first connection it is necessary to indicate whether the Account is professional or personal.

The User is requested to choose the type of Account desired. 

If the Account is “personal”, the User must provide their date of birth and home address. 

If the Account is “professional”, the User must provide identification information concerning the company they represent.

This information includes the company’s place of establishment, the company name, the company registration number (SIREN) for a company established in France, or its equivalent for companies established outside France, and, when subject to VAT within the European Union, its intra-Community VAT number. 

Once this information has been provided, the Account is deemed to be created. 

The creation of an account only signifies pre-registration. It does not grant the status of Ambassador or allow the holder to receive earnings. 

It is only after completion of all registration formalities that the right to the status of Ambassador and to receive earnings is opened.

4.2. Registration

Once the Account has been created, the Ambassador will be requested to contact AIR MEDIAS in order to provide justification that they meet the conditions to Register in the capacity of Ambassador.

Only persons meeting all the following criteria can benefit from the status of Ambassador.

The Ambassador understands and accepts the fact that, for AIR MEDIAS, these conditions must be met and are a prerequisite to the conclusion of a Contract.

The Ambassador must therefore be able to prove a minimum number of 1,000 subscribers on their Instagram account, or 5,000 single visitors on a daily basis to the Website provided during registration.

The Ambassador must prove that they have a place of residence or of establishment within the European Union, or in a country considered by the EU as “adequate” or granting “partial adequacy” in terms of personal data protection, as defined by the French Data Protection Authority or CNIL: https://www.cnil.fr/fr/la-protection-des-donnees-dans-le-monde

The Ambassador must have all the administrative authorizations allowing them to carry out their activity in the country where it is based, as well as in the European Union.

The Ambassador must provide proof of identity, in the form of a copy of a valid identity document, a verification “selfie”, an extract from the commercial register (Kbis) no more than 15 days old for professional Accounts for French companies, or its local equivalent for foreign companies and validation via SMS of the telephone number provided.

The Ambassador declares on their word of honor that they have never been condemned for the following acts, or any similar offense or act otherwise named in relation to their place of residence:

  • Prostitution;
  • Pimping;
  • Forced labor;
  • Felonies and misdemeanors against persons such as defined in Book II, Titles I and II of the French Penal Code, and particularly reduction to servitude or slavery and exploitation of persons reduced to slavery, human trafficking;

AIR MEDIAS reserves the right to request any documentary proof that establishes that a person meets the criteria to register in the capacity of Ambassador.

In the case where incorrect or false information has been provided to AIR MEDIAS, the Ambassador understands and accepts that AIR MEDIAS may retroactively terminate this agreement between the Parties, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions.

Once the criteria in question have been verified by AIR MEDIAS, the registration will be complete and the Ambassador can access the sponsorship link and the earnings obtained through sponsorship.

In the case of a change in situation affecting one of the criteria for registration in the capacity of Ambassador, the Ambassador undertakes to inform AIR MEDIAS immediately in writing.

In the case where one of these criteria is no longer met, AIR MEDIAS will have the right to end the contractual relations binding it to the Ambassador, without the latter being able to request any form of compensation for this reason.

4.3. Personalization of the Ambassador's Account

The Ambassador may modify the information available on their Account if they so wish.

The Ambassador’s Account is strictly personal, and the Ambassador guarantees to AIR MEDIAS that they will keep their password secret and not divulge it to any third party whatsoever. 

As the present Contract has been exclusively concluded in relation to the personal criteria having been met, any connection with or use of the Ambassador’s Account by a third party could lead to the suspension or deletion of the Account by AIR MEDIAS, resulting from the sole fault of the Ambassador, with no possibility of reimbursement of the outstanding amounts, or of any compensation claimed by the Ambassador.

If the Ambassador loses or forgets their password, they must immediately reset it by using the “Password Forgotten” button, then by entering the email address previously indicated and linked to the Account. 

The Ambassador is solely responsible for the consequences of using the Account and recognizes that any connection or transfer of data carried out while using this Account shall be deemed to have carried out by them.

 

ARTICLE 5. Deletion of the Ambassador’s Account

5.1. Intentional Deletion of the Ambassador's Account

The Ambassador can, at any time, send a request to AIR MEDIAS to delete their Account.

This request should be sent by email to the following address: support@mym.fans, by indicating “DELETION” in the subject line of the email, and should be sent from the email address associated with the Account.

If a request is sent in the form prescribed in the present article, AIR MEDIAS undertakes to delete the Account and all related information within 15 days of receipt of the email.

Any request to delete an Account is definitive.

5.2. Deletion of Ambassador’s Account due to Inactivity

In the case of inactivity of the Ambassador’s Account for a period exceeding one year, AIR MEDIA will delete the Ambassador’s Account.

Inactivity means the period that has elapsed since the last connection to the Ambassador’s Account.

In the case of suspension of the Ambassador’s Account for any reason, including violation of the present Terms and Conditions, which has not been resolved after a period exceeding 6 months, AIR MEDIAS will delete the Ambassador’s Account.

5.3. Effects of the Deletion

Deletion of the Account will lead to the suspension of the Ambassador’s unique sponsorship links. 

Any registration subsequent to the suspension or deletion of the Account via the unique sponsorship links will not grant the status of Sponsored Model or Sponsored Ambassador. 

Concerning the earnings not withdrawn at the time of Account deletion, the Ambassador can claim the balance of their account by writing to support@mym.fans, unless otherwise agreed.

In the case of deletion of an Account, any earnings not withdrawn, for which the Ambassador has not requested payment from AIR MEDIAS, will be considered as acquired by the latter after a period of 5 years following the date of deletion of the Account.

 

ARTICLE 6. Sponsorship

6.1. Sharing the unique referral link

Following Registration, the Ambassador will receive a unique sponsorship link from AIR MEDIAS for Models and a unique sponsorship link for Ambassadors. 

Any person registering as a Model via the Ambassador’s unique sponsorship link will be considered as a Sponsored Model. 

The Ambassador will receive a portion of the amounts collected by AIR MEDIAS for each Subscription to the Sponsored Model, and each creation of private Media on the Website by the Sponsored Model, such as defined within the Terms and Conditions for Models.

Any person registering as an Ambassador via a unique sponsorship link for Ambassadors will be considered as a Sponsored Ambassador.

The Ambassador will receive a portion of the amounts collected by AIR MEDIAS for each Subscription or each creation of private Media granting the right to remuneration of the Sponsored Ambassador. 

Only the registration of Sponsored Models and Sponsored Ambassadors via the unique sponsorship link provided by AIR MEDIAS will grant the right to payment of amounts by AIR MEDIAS to the Ambassador.

Only Models and Ambassadors who have never been previously registered on the Website, whatever their capacity, may obtain the status of Sponsored Model or Sponsored Ambassador. 

The Ambassador can share their unique sponsorship link by any means deemed necessary, in keeping with the stipulations of the present Terms and Conditions and with regulations in force.

There is no minimum requirement for the Ambassador to share the unique sponsorship link, nor is there any obligation to transform these ‘shares’ into registrations, subject to the possibility of deletion of the Account by AIR MEDIAS due to inactivity in application of the legal provisions on the protection of personal data.

6.2. Exclusions

The Ambassador undertakes to share their unique sponsorship link solely with third parties who are not members of their family and with whom they do not have a relationship of marriage, of subordination, of collaboration or a shared interest.

Any natural person who is a family member or who has a relationship of marriage, of subordination, of collaboration or a shared interest with the Ambassador cannot have the status of Sponsored Model or Sponsored Ambassador. 

In the case of maneuvers by the Ambassador for the purpose of granting the status of Sponsored Model or Sponsored Ambassador to a third party referred to in the present article, the Ambassador accepts the fact that AIR MEDIAS may retroactively terminate the present agreement between the Parties, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions.

 

ARTICLE 7. Independence of Sponsored Ambassadors and Sponsored Models 

The Ambassador guarantees, understands and accepts that they cannot and will not exercise any authority over the Sponsored Models or the Sponsored Ambassadors, in particular in relation to their activity on the Website. 

The Ambassador undertakes, in particular, not exert any form of pressure, coercion or efforts on Models for the purpose of increasing their activity or their income on the Website. 

The Ambassador also guarantees never to carry out any form of activity for the Model’s Account relative to their activity on the Website, and in particular in terms of promotion or management of the Model’s Account. 

The Ambassador understands and accepts that no relationship of subordination is created by the Sponsored Model’s registration on the Website via the Ambassador’s unique sponsorship link, and that the independence of the Sponsored Models is a key requirement of the present Terms and Conditions for AIR MEDIAS.

Any maneuver, action or effort aiming to violate the independence of the Sponsored Models or the Sponsored Ambassadors could therefore lead to the retroactive termination of the present agreement between the Parties by AIR MEDIAS, resulting from the sole fault of the Ambassador, the effective date of which shall be determined on the date when the Ambassador accepts the Terms and Conditions. 

The Ambassador will also refrain from self-sponsorship, or from sponsoring a Model or Ambassador already registered on the platform via a re-registration. 

The Ambassador also undertakes never to connect to the Website via the Account of a Sponsored Model or Sponsored Ambassador. 

By way of derogation, in the case where the Ambassador carries out the activity of Model, the Ambassador will retain the right to connect to their personal Model account, and to carry out the activity of Model in a personal capacity on the Website. 

 

ARTICLE 8. Independence of the Parties

The present Terms and Conditions do not create any obligation of means or of results for the Ambassador, except for observance of the contractual stipulations.

The Ambassador is free to determine the arrangements for sharing their unique sponsorship link, subject to the observance of the stipulations in the present Terms and Conditions and the legal and regulatory provisions in force. 

These Terms and Conditions may in no event be construed as a mandate allowing the Ambassador to represent or to act on behalf of AIR MEDIAS or the Website. 

The Ambassador undertakes not to present themself as an employee, representative, manager or use any status other than that of Ambassador before third parties. 

If there are questions relative to the operation of the Website by potential Sponsored Models or Sponsored Ambassadors, the Ambassador undertakes to redirect them towards the official information provided by AIR MEDIAS, or to invite the potential Sponsored Models or Sponsored Ambassadors to contact AIR MEDIAS directly.

In any event, the role of the Ambassador will be strictly limited to bringing business to AIR MEDIAS, who will enter into a contract directly with the Sponsored Models or Sponsored Ambassadors without the Ambassador’s intervention.

In any event, the Ambassador will be considered as a third party to all contractual relations binding AIR MEDIAS and the Sponsored Models or the Sponsored Ambassadors.

 

ARTICLE 9. Collection of Earnings

The following give the right to the Ambassador to collect earnings: subscriptions to the profile of the Sponsored Models, sale of private media by the Sponsored Models and the collection of earnings by the Sponsored Ambassadors. 

The payment of gratuities by Users to the Sponsored Models does not allow the Ambassador to receive these earnings.

The earnings paid out by AIR MEDIAS to the Ambassador do not affect the remuneration of the Sponsored Models or Sponsored Ambassadors. 

9.1. Price of the Services offered by the Models

The rates applied by the Models for Subscriptions or the sale of private media will be freely determined by the Models themselves.

The Ambassador will refrain from any communication, pressure or maneuver aimed at influencing price fixing by Models for Subscriptions or private Media, or the frequency of Content sharing by the Model.

9.2. Applicable repayment rate

AIR MEDIAS undertakes to pay the Ambassador 10% of the earnings validated by the Sponsored Models in relation to the Subscriptions and the provision of private Media, as defined within the Terms and Conditions applied to Models. 

This amount paid is not taken from the earnings paid to the Sponsored Models and therefore it does not impact their share of earnings.

AIR MEDIAS undertakes to pay the Ambassador 50% of the earnings validated such as defined in the present Terms and Conditions for Sponsored Ambassadors. 

This amount paid is not taken from the earnings paid to Sponsored Ambassadors and therefore it does not impact their share of earnings. 

9.3. Provision of winnings

The total amount of the sums due by AIR MEDIAS to the Ambassador is displayed on the following page: https://ambassadors.mym.fans/incomes.php, accessible from the home page by clicking on the “EARNINGS” icon.

This page indicates the validated earnings, i.e. the earnings that can be paid immediately by AIR MEDIAS to the Ambassador, i.e. coming from validated earnings of the Sponsored Models and the Sponsored Ambassadors.

It also indicates the earnings pending, i.e. the Ambassador’s earnings in relation to earnings defined as “pending” for the Sponsored Model, in application of the Terms and Conditions applicable to Models, or the earnings “pending” for the Sponsored Ambassador. 

These earnings are validated as soon as the earnings pending for the Sponsored Model or the Sponsored Ambassador have been validated.

9.4. Fraud

In the case of a financial transaction flagged as potentially fraudulent by payment organizations or banking institutions, or in the case of suspicious activity on any User’s account, AIR MEDIAS could label the User Account as a “Monitored Account”.

By way of derogation from the stipulations of the present Article, AIR MEDIAS reserves the right to withhold the amounts paid via a Monitored Account for a maximum duration not exceeding six months from the date of payment, or until the legitimate nature of the payments is established.

The amounts withheld in this manner will be considered as “Earnings Pending” for the Models, and consequently for the Ambassador, until the deadline expires, or their legitimate nature has been established.

In the situation where more than one third of Users Subscribed to the Ambassador’s Sponsored Models are labeled as Monitored Accounts, AIR MEDIAS may decide to suspend the Ambassador’s Account, and may consider all amounts paid to the Sponsored Models as amounts paid by Monitored Users.

9.5. Tax provisions

The Ambassador is responsible for carrying out all the tax, administrative and regulatory formalities necessary to conduct their activity as Ambassador.

If the Ambassador has selected a PROFESSIONAL account, and provided an intra-Community VAT number, AIR MEDIAS will increase the amounts paid for Services by 20%, corresponding to the VAT rate in force in France. It is up to the Ambassador to carry out all the tax formalities necessary for the declaration and payment of VAT.

The Ambassador guarantees that AIR MEDIAS is protected from all damages on this basis.

A monthly summary detailing the sources of the Ambassador’s earnings is sent to them by AIR MEDIAS.

An annual summary is also sent at the end of each calendar year.

9.6. Method of payment of earnings

The Ambassador can collect the validated earnings as frequently as they chose in the page provided for this purpose, i.e. every seven (7) days, every fifteen (15) days, or every month.

In the case where the payment choice is every seven (7) days, the payment will occur every Monday.

In the case where the payment choice is every fifteen (15) days, the payment will occur on the 1st and the 15th of every month.

In the case where the payment choice is every month, the payment will occur on the 1st of the month.

The Ambassador can also put payments on hold. In this case, no further payments will be made until this option is modified.

Funds are paid automatically, on condition that the total amount is superior to 100 euros.

In this case, the payments will be suspended until the total amount exceeds 100 euros.

All payments will be in the form of a bank transfer to the account indicated in the Ambassador’s profile, or via Paypal if this option is selected, to the address provided by the Ambassador. 

The Ambassador is responsible for providing the correct bank account information or Paypal address, as the case may be, in their Account details. 

 

ARTICLE 10. General Provisions

10.1. Code of good conduct

While navigating the Website or the Ambassadors’ Portal or in any form of communication with the public as part of their activity as Ambassador, the Ambassador undertakes and guarantees not to violate any legal or regulatory provision, and not to partake in behavior in any way contrary to public order and morality and in particular:

  • aiming to obtain or organize with third parties paid sexual relations with a Model;
  • encouraging or condoning violence in all its forms;
  • condoning or encouraging all forms of discrimination, in particular that of race, ethnic origin, religion, handicap, sex, age, sexual orientation or identity; 
  • inciting hatred;
  • of a racist, homophobic or discriminatory nature;
  • representing defamation or insult;
  • representing a threat of whatever kind in particular towards a Model (or whoever); 
  • representing harassment;
  • representing the unauthorized disclosure of personal and/or confidential third-party information, and particularly that of Models, Users or other Ambassadors and this includes the surnames, first names, addresses, social media, telephone numbers, email addresses of natural persons identified by pseudonyms, or by any other element allowing their identification, or violating their privacy. 

The Ambassador guarantees to ensure compliance with regulations in force for all the acts carried out in the capacity of Ambassador, and especially concerning disclosure of the remunerated nature of their activity of Ambassador. 

The Ambassador undertakes not to jeopardize the image or reputation of AIR MEDIAS, its products, brands, websites or managers in any of their public or private communication, especially when carried out in the capacity of Ambassador. 

Any means of promoting the Website or the unique sponsorship link that the Ambassador may choose must therefore be accompanied by clear information relative to the nature of the contractual links binding them to AIR MEDIAS, and particularly their remunerated nature and the absence of a mandate or a subordinate or principal-agent relationship.

In any case, the Ambassador will refrain from dissimulating the nature of their contractual links with AIR MEDIAS.

AIR MEDIAS pays special attention to establishing mutual trust between Ambassadors, Models and Users. 

As a result, any abusive behavior towards the Models, Users or other Ambassadors will lead to the immediate suspension of the Ambassador’s Account, without prejudice to any legal action that may be brought against them, and the damages that may be claimed in particular by AIR MEDIAS, where applicable.

The Ambassador must also abstain from any violation of legislation, regulations or international conventions protecting minors.

Any violation of this legislation that will be brought to the attention of AIR MEDIAS will immediately be reported to the relevant authorities, and all information that AIR MEDIAS has in its possession will be communicated to the authorities.

The Ambassador undertakes to report any violation ascertained in the stipulations of the present article, or in the current legislation to AIR MEDIAS by contacting AIR MEDIAS directly at the address support@mym.fans.

10.2. Non-Compliance with the Terms & Conditions 

In the case of non-compliance with the Terms & Conditions by the Ambassador leading to the introduction of special procedures by AIR MEDIAS, a flat fee of €100 before tax may be billed by AIR MEDIAS to the Ambassador, as compensation for processing fees incurred by AIR MEDIAS, without prejudice to any possible damages or compensation for recovery costs that may be due to the company.

10.3. Intellectual property

All intellectual property rights, especially copyright, trademarks, image and related rights associated with the general structure of the Website as well as the texts, logos and any other element making up the Website, belonging to AIR MEDIAS, to its group’s companies or their managers remain the exclusive property of AIR MEDIAS or of their respective holders. 

Any exploitation, commercial or otherwise, in particular any downloading, copy, reproduction, distribution, re-transmission, dissemination, adaptation, translation or representation, whether whole or partial, of the Website or the Ambassadors’ Portal, and in particular of its general structure or its logo, illustrations and Content present on the Website, by any means or process either current or future, without the prior written authorization of AIR MEDIAS or their respective holders, is forbidden and liable to give rise to legal proceedings, with regard in particular to counterfeiting, subject to the stipulations in the present article.

Generally speaking, any total or partial reproduction, modification or utilization of these brands, illustrations, images and logotypes, Content, etc. for whatever motive and on whatever media, without the express prior consent of AIR MEDIAS, or their holders, is strictly forbidden. 

The same applies to any combination with any other brand, symbol, logotype and more generally any distinctive sign intended to form a logo composite mark. 

The same applies to any copyright, registered designs, models and patents that are the property of AIR MEDIAS, its group’s companies, their managers or their partners, Models in particular. 

The databases featured on the Website are protected by the provisions of Articles L341-1 et seq of the Intellectual Property Code. In particular, the quantitatively or qualitatively substantial extraction and reuse of the database content contained on the Website are forbidden. Any offender is exposed to the sanctions stipulated in Articles L 343-1 et seq of the Intellectual Property Code.

It is strictly forbidden to use any program for the purpose of sucking the content of the Website, with the exception of robots used by companies exploiting search engines.

Literary and artistic property rights related to the Content and the image rights of Models are the property of the Models and of their authors. 

It should be noted that the dissemination of Content on the Website by the Models should not be considered as an assignment of copyright or a license to the benefit of the Users, including Ambassadors, and that the Models do not grant any rights to the Users, including Ambassadors, indiscriminately of subscription, membership or amounts spent. 

It is expressly prohibited to download, reproduce by any means, or disseminate the Content shared by the Models on the Website on any other media. 

By way of derogation from the stipulations of the present article, AIR MEDIAS authorizes the Ambassador to use, as part of their activity as Ambassador, its name, its logo and its trademarks in order to promote the Ambassador’s unique sponsorship link.

Any use of the AIR MEDIAS name, logo or brands should be accompanied by a statement specifying the nature of contractual relations between AIR MEDIAS and the Ambassador, and explicitly and legibly indicating that the Ambassador has no powers of representation from AIR MEDIAS.

Within the framework of the contractual relations between the Parties, AIR MEDIAS can provide media kits to Ambassadors. 

The provision of media kits constitutes a license to use the logos, brands and visual aids in order to promote the Ambassador’s unique sponsorship link.

Any modification, integration, transformation, addition, adaptation of all or part of the kits provided to the Ambassador should receive prior written validation from AIR MEDIAS. 

 

ARTICLE 11. Personal Data

As part of its services, AIR MEDIAS may gather a certain amount of the Ambassador’s personal data, which is necessary for the smooth running of the Website and the Services.

The Ambassador acknowledges having read the Personal Data Management Charter available at the following address, and having been informed of their rights, as well as the procedures for exercising their rights which are presented therein: https://mym.fans/privacy.php

The Ambassador acknowledges that each time an element of their personal information has been gathered, they are informed of same by AIR MEDIAS.

By creating an Account, the Ambassador accepts that all the personal data they provide to AIR MEDIAS undergo the necessary processing in order to implement the Services, in particular in compliance with the laws, regulations and other mandatory provisions applicable. 

AIR MEDIAS does not transmit these personal data to third parties without the express consent of the Ambassador. 

The personal data gathered by AIR MEDIAS are neither sold nor communicated to third parties outside the conditions stipulated in the present article.

In compliance with the French data protection law entitled “Informatique et Libertés” of January 6 1978, and with the EU General Data Protection Regulation (GDPR) 2016/679, the Ambassador has, at all times, the right to access, query, modify, amend and erase the personal data concerning them.

If the Ambassador no longer wishes to receive information by email from AIR MEDIAS, other than the information necessary to use the Services, they can:

click on the ‘unsubscribe’ link present at the bottom of the emails sent by AIR MEDIAS;

or, if they prefer, notify AIR MEDIAS at any time by email addressed to support@mym.fans, on the understanding that the processing time is longer through this means than with the ‘unsubscribe’ link. 

AIR MEDIAS will keep this information for one year following the end of contractual relations with the Ambassador. For any account created and remaining inactive for an uninterrupted period of one year, the personal data gathered and linked to this account will be deleted and the account will be made anonymous. 

Concerning personal data whose retention is mandatory (accounting documents, etc.), these will be retained in the form of archives for the mandatory length of time in application of the applicable legislation.

All rights relative to personal data can be requested from AIR MEDIAS by email at the following address: support@mym.fans.

 

ARTICLE 12. Cookies

For the smooth operation of the Website and the Ambassadors’ Portal, AIR MEDIAS may use cookies in the Ambassador’s browser.

For statistical purposes, AIR MEDIAS may gather browsing information through the use of cookies. 

The Ambassador is free to accept or refuse cookies by configuring their browser (disabling some or all cookies – see the Web browser manual or help function).

Disabling cookies may lead to certain Services becoming unavailable.

Furthermore, the Ambassador may, at any time, disable cookies, or clear the cookies already recorded on their computer, by setting the privacy options on their Internet browser (for example: Tools > Clear private data > Cookies, on Mozilla Firefox and Tools > Delete browsing history > Delete cookies, on Microsoft Internet Explorer).

The Website of the French Data Protection Authority (CNIL) also indicates the procedures to follow to manage and delete browser cookies.

These procedures are available at the following address: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

If there are cookies on your computer, these remain active for a maximum of twelve (12) months.

 

ARTICLE 13. Applicable law and place of jurisdiction

The present Terms and Conditions are drawn up in French and operations arising therefrom are governed by and subject to French law. 

In the case where they are translated into one or several foreign languages, the French text shall prevail in the event of disagreement.

In the case of a dispute, the Parties undertake to endeavor to resolve matters amicably, before launching any legal proceedings.

Loading...