Referral Program

Referral Program
REFERRAL PROGRAM TERMS
WARNING!
In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the Cinefanz Referral Program:
  • It is illegal for us or for a participant in the Cinefanz Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Cinefanz Referral Program.
  • Do not be misled by claims that high earnings are easily achieved from participation in the Cinefanz Referral Program.
  • Although we do not demand any payment from Referring Users for the purposes of participating in the Cinefanz Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.
  1. Introduction: These Referral Program Terms are additional terms which apply if you use the Cinefanz Referral Program. These Referral Program Terms form part of your agreement with us.
  2. Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
    1. "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
    2. "Referred Creator" means the person who joins Cinefanz as a Creator via the Referring User's unique referral link.
  3. What is the Cinefanz Referral Program? Cinefanz offers a referral program by which existing Users can introduce people who are interested in becoming Creators to Cinefanz and receive referral payments from Cinefanz which are calculated and limited as described in these Referral Program Terms.
The Cinefanz Referral Program is operated by Invisible sun Entertainment Group LTD. We are a limited company registered in United States, The rules of the Cinefanz Referral Program:
    1. Only Users of Cinefanz with a current User account can participate in the Cinefanz Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Cinefanz Referral Program.
    2. You will need on your User account page to add bank account details of your own bank account in order to receive referral payments under the Cinefanz Referral Program.
    3. Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate Cinefanz or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your Cinefanz account.
    4. The Referred Creator must click on your unique referral link and then register with Cinefanz using the same browser that they used to click on your unique referral link. If someone registers with Cinefanz other than by using your unique referral link, we will not link that account to your referral and we will not make any referral payment to you.
    5. The Referred Creator must not have opened a User account with Cinefanz (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of Cinefanz we will not make any referral payment to you for the referral.
    6. If the Referred Creator sets up more than one User account we will make referral payments to you on the earnings made by the Referred Creator from their first User account only. We will not pay any referral payments to you on any further User accounts set up by the Referred Creator.
    7. We will not pay any referral payments to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
    8. You agree that when promoting Cinefanz in any way as a Referring User:
      • you will not give a false impression of Cinefanz, the services, programs, and content (including Content) made available through Cinefanz, its Users or the Terms of Service; and
      • you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of Cinefanz, or any statements regarding the likely number of Fans.
  2. Referral payments:
    1. How are referral payments calculated? Once a Referred Creator has become a registered User of Cinefanz in accordance with the rules of the Cinefanz Referral Program described above, we will pay the Referring User a referral payment equal to five per cent. (5%) of Fan Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of Cinefanz, up to a maximum referral payment by Cinefanz to the Referring User of US$50,000 per Referred Creator.
This means that if a Referred Creator generates Fan Payments with a total value of US$1 million or more in the twelve months after the date on which that Referred Creator becomes a registered User of Cinefanz, then the Referring User's referral payments in relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Fan Payments with a total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of Cinefanz, then the Referring User will be paid five per cent. (5%) of the Fan Payments generated by that Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of Cinefanz, following which no further referral payments will be made to the Referring User in respect of that Referred Creator.
For all referrals made prior to 1 May 2020, we will make referral payments to the relevant Referring Users until 1 May 2021 or until US$50,000 has been paid out by us to the Referring User on the referral, whichever occurs first.
    1. VAT: If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any VAT (as defined in the Terms of Use for Creators) which is or becomes chargeable on any supplies made by you, except as provided for in the "Promoting Tax compliance and VAT" section of the Terms of Use for Creators.
    2. Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the Cinefanz Referral Program:
      • It is illegal for us or for a participant in the Cinefanz Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the Cinefanz Referral Program.
      • Do not be misled by claims that high earnings are easily achieved from participation in the Cinefanz Referral Program.
    3. Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by Cinefanz in your country of residence. These methods are called "Payout Options".
    4. How frequently are referral payments made? We will transfer to your Cinefanz account the referral payment due to you on Fan Payments made to the Referred Creator in a calendar month on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Fan Payments made to the Referred Creator in February shall be paid to you on or around 1 March).
    5. Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.
  2. Our rights relating to the referral program.
    1. If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
    2. We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
    3. We may change any aspect of the Cinefanz Referral Program (including how referral payments are calculated) or discontinue the Cinefanz Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payments made to Referred Creators before the changes came into effect.
  3. Circumstances in which we may withhold referral payments:
    1. We may withhold all or any part of the referral payments 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 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 referral payments due to you result from unlawful activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Fan Payment was made which resulted in the referral payment,
for as long as is necessary to investigate the actual, threatened or suspected breach(es) 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) all or any part of referral payments due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your referral payments.
    1. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Cinefanz Referral Program where we have a right to do so under these Referral Program Terms.
    2. If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful 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 referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.
Last updated: March 2021
COMPLAINTS POLICY
  1. Introduction: This document set out our complaints policy. If you are a User of Cinefanz, this Complaints Policy forms part of your agreement with us.
  2. Who we are and how to contact us: Cinefanz is operated by Invisible sun Entertainment Group LTD. We are a limited company registered in United States.
  3. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users:
  4. Who can use this Complaints Policy? Whether or not you are a User of Cinefanz, you can use this Complaints Policy to alert us to any complaint which you have relating to Cinefanz.
  5. How to make a complaint: If you have a complaint about Cinefanz (including any complaint about Content appearing on Cinefanz or the conduct of a User), please send your complaint to administrator@Cinefanz.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
  6. How we will deal with your complaint: Following receipt of your complaint under section 5 above:
    1. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
    2. if we require further information or documents from you, we will contact you to let you know;
    3. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on Cinefanz and we are satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content.
We are not obligated to inform you of the outcome of your complaint.
  1. Unjustified or abusive complaints: If you are a User of Cinefanz, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
Last updated: March 2021
PLATFORM TO BUSINESS REGULATION TERMS
  1. Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
  2. Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
  3. Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
  4. What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
  5. Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/Cinefanz) and Twitter (www.twitter.com/Cinefanz) social media accounts.
  6. Ranking on Cinefanz: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on Cinefanz in the previous 30 days. We have no ranking system. There is no search/discovery feature on Cinefanz.
  7. Complaints: If you have a complaint about:
    1. any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
    2. technological issues relating directly to Cinefanz and which affect you; or
    3. measures taken by us or our conduct which relate directly to Cinefanz and which affect you,
then please submit your complaint to administrator@Cinefanz.com.
  1. Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
    1. consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
    2. process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
    3. communicate to you in plain and intelligible language by email or by message to your Cinefanz account the outcome of the internal complaint-handling process.
  • Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through our internal complaint-handling process as set out in section 8 above, then you may access the mediation service by contacting:
    Conflict Mediation Services
    Arbitration & Mediation
    Address:  2315 W Broad St, Richmond, VA 23220
    United States
You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms of Use for all Users.
Published: December 2021