Straight from the Federal Trade Commission's website
I wouldn't assume M$ isn't aware of this, and didn't cover themselves in some way. to be clear, I'm not defending the 'principle' of what they're doing. but lawyers and loopholes could be a factor
Stealth marketing: Microsoft paying YouTubers for Xbox One mentions
- Thread starter daze23
- Start date
I wouldn't assume M$ isn't aware of this, and didn't cover themselves in some way. to be clear, I'm not defending the 'principle' of what they're doing. but lawyers and loopholes could be a factor
Statement from Microsoft and Machinima
So. Microsoft has nothing to do with the contract. The contract is the standard agreement for all machinima promotions of this type. And the confidentiality part was only about the terms of the agreement. People were still allowed and should have been disclosing that they recieved money for their videos.
Move along folks nothing to see here. The hunt for the big bad Microsoft will commence at a later date.
So. Microsoft has nothing to do with the contract. The contract is the standard agreement for all machinima promotions of this type. And the confidentiality part was only about the terms of the agreement. People were still allowed and should have been disclosing that they recieved money for their videos.
Move along folks nothing to see here. The hunt for the big bad Microsoft will commence at a later date.
ll_simon
GQ MoTY Candidate
nikka the terms were you couldn't speak on the agreement, fukk you talkin boutStatement from Microsoft and Machinima
So. Microsoft has nothing to do with the contract. The contract is the standard agreement for all machinima promotions of this type. And the confidentiality part was only about the terms of the agreement. People were still allowed and should have been disclosing that they recieved money for their videos.
Move along folks nothing to see here. The hunt for the big bad Microsoft will commence at a later date.
nikka the terms were you couldn't speak on the agreement, fukk you talkin bout
You can't speak on the contract, but you don't have to hide the fact that you got paid.
It's the same for ALL advertisements
ChrisDorner
Banned
This is the biggest L I've seen meach take 
the war is ending y'all
the war is ending y'all
ll_simon
GQ MoTY Candidate
- XBOX ONE RELEASE VIDEO CAMPAIGN AGREEMENT
- As of today’s date, You (hereinafter “You” or “your”), have agreed to work with Machinima, Inc. (“Machinima”) to promote the Xbox One Gaming Console (“Xbox One Release”) on your main channel on YouTube.com ("Your YouTube Channel") in accordance with the terms and conditions set forth in this agreement (the “Agreement”).
- 1. PROMOTIONAL CAMPAIGN PERIOD AND ELIGIBILITY.
- Machinima’s promotional campaign of Xbox One Release (the “Campaign”) shall commence on January 13, 2014 at 12:00am PT and end on February 9, 2014 at 11:59pm PT (the “Campaign Period”). The Campaign is open only to Machinima Channel Affiliates, who are thirteen (13) years of age or older (Machinima Channel Affiliates who are thirteen (13) to seventeen (17) years of age at the time of signature of this Agreement must receive written permission from his or her parent or legal guardian in accordance with the terms herein prior to participating in this Campaign). A “Machinima Channel Affiliate” is a person or entity that has signed and valid Machinima Channel Affiliate/Partner Agreement (“Affiliate Agreement”), incorporated herein by reference, which includes Your YouTube Channel within the Machinima network and such Machinima Channel Affiliate is neither in breach nor default under such Affiliate Agreement.
- 2. PROMOTIONAL REQUIREMENTS.
- Machinima shall consider You active in this Campaign upon Machinima’s receipt and approval of this Agreement by You by clicking the box as indicated and if You are 13 – 17 years of age, upon receipt and acceptance of You and Your parent’s or legal guardian’s signature must also be included below.
- Your role within the Campaign is focused on driving awareness for Xbox One Release, which includes the release of the video games available for the Xbox One Console (the “Games”).
- 3. DUTIES.
- (I) Your specific duties shall be to promote the Xbox One Release, as described below.
- (II) You shall perform the following “Promotional Requirements” during the Campaign Term:
- a) Campaign Videos: Create at least one (1) or as many video(s) as You desire, with minimum running time of sixty (:60) seconds, in which You provide commentary about Xbox One Release and Games (each a “Campaign Video”). The Campaign Videos shall be uploaded and viewable on Your YouTube Channel, and nowhere else, during the Campaign Period. The Campaign Video shall include:
- - You Campaign Video is “Tagged” with the following tag “XB1M13” (“Campaign Tag”). The Campaign Tag must not be modified in any way and Campaign Videos that do not incorporate the “XB1M13” tag in their tag section will not be eligible for the Compensation (as defined below) under this Agreement.
- b) Campaign Video Guidelines: As part of the Campaign Videos, You must comply with the following guidelines for this Campaign:
- 1. Do not post any Campaign Videos until January 13 at 12:00am PT;
- 2. You may not say anything negative or disparaging about Machinima, Xbox One or any of its Games in your Campaign Video;
- 3. You must feature at least thirty seconds (:30) of gameplay/footage of any Xbox One game within the first 2 minutes of Campaign Video
- 4. You must verbally mention that you are playing the game shown on the Xbox One console.
- 5. Campaign Video(s) must annotate to the Xbox One YouTube channel www.youtube.com/xbox, or another Campaign Video on Your YouTube Channel that is part of this Campaign;
- 6. Do not use third-party music or third party content in your Campaign Video, that You don’t own the rights to such music or content or have not be properly licensed by You
- 7. Do not use excessive inappropriate language or profanity in your Campaign Video;
- 8. Each Campaign Video must have a minimum running time of at least sixty (:60) seconds in length; and
- 9. Your Campaign Videos must comply with the YouTube Community Guidelines located at http://www.youtube.com/t/community_guidelines; and
- 10. If You are 13 – 17 years of age, You must upload a copy of this Agreement signed by You and Your parent or legal guardian along with each Campaign Video in order to participate in the Campaign.
- 4. COMPENSATION.
- As compensation for the promotion that You are providing, You shall be paid the consideration of One U.S. Dollar ($3.00) CPM (“CPM Compensation”) for every valid View (as the terms View” is defined in your existing Affiliate Agreement with Machinima, including all the terms thereof, are incorporated herein by reference) of each Campaign Video that complies with the Promotional Requirements set forth above, subject to the “Campaign Cap” (as defined below). “CPM” means cost per thousand views of Campaign Video on Your YouTube Channel, other than views generated by Action Fraud (as defined below). You will be paid within 45 days after the close of the Campaign Period upon Machinima receipt of a signed W-9 or W-8BEN form, if requested. You agree to be paid as an independent contractor and You agree to be solely responsible for payment of any income, sales or use tax(es) or other payment(s), which may become due to any state or federal authority. You acknowledge and agree that Machinima has the right to offset any amounts owed to You under this Agreement against any amounts owed by You to Machinima under any other agreement, including but not limited to Your Affiliate Agreement.
- The budgetary Views “cap” for the entire Campaign is 1,250,000 Views among all U.S. and international participants in the Campaign (the “Campaign Cap”). Machinima will notify You via e-mail if and when the Campaign Cap is reach, and at that point the Campaign will be terminated as of the date of such notification (“Early Termination Date”), and You will not receive the CPM Compensation for Views received for your Campaign Video(s) beyond such Early Termination Date; however You will continue to receive your standard payment under your Affiliate Agreement. However, if the Campaign Cap is not reached during the Campaign Period, then the Campaign will automatically end on the final date of the Campaign Period (i.e., February 9, 2014 at 11:59pm PT).
- 5. CONFIDENTIALITY
- You agree to keep confidential at all times all matters relating to this Agreement, including, without limitation, the Promotional Requirements, and the CPM Compensation, listed above. You understand that You may not post a copy of this Agreement or any terms thereof online or share them with any third party (other than a legal or financial representative). You agree that You have read the Nondisclosure Agreement (attached hereto and marked as Exhibit “A”) and You understand and agree to all of terms of the Nondisclosure Agreement, which is incorporated as part of this Agreement.
- 6. DISCLAIMERS.
- If You fail to perform any of the Campaign elements outlined earlier in a timely and professional manner or breach any obligation or requirement of this Agreement, Machinima may terminate this Agreement, at any time and in Machinima’s sole discretion, and allocate any remaining budget to other partners.
- If Machinima suspects or determines that You are driving Views as the result of Action Fraud, and/or fail to make Campaign Videos in compliance with this Agreement, Machinima can immediately terminate this Agreement, in its sole discretion and You will be barred from participation in future campaigns. “Action Fraud” means so-called "click fraud" or "impression fraud,” or fraud of any other kind, whether in any automated or human way, including, without limitation, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click or otherwise activate any form of View, response mechanism, annotation or advertising unit, or any other fraudulent means, to increase Views, impressions, skew results or imitate a legitimate user of a web or mobile browser or other software application for viewing on any device, for example, by clicking on an ad unit for the purpose of generating an improper click value and generating revenue.
- You acknowledge that Machinima shall have to sole right and authority to review each Campaign Video that You make for this Campaign for quality control and compliance with the terms hereof and Machinima has the authority, in its sole discretion, to take down such Campaign Video(s) from Your YouTube Channel or require You to edit any Campaign Video which has content that is not in compliance with this Agreement.
- You understand that Machinima is offering this promotion to You by and through a technical platform owned and operated by Poptent, Inc. and licensed by Poptent, Inc. to Machinima for specific, limited use. You agree to be bound by the Terms of Use and Privacy Policy posted on www.poptent.com. You hereby understand and agree that: (i) Poptent, Inc. will have no liability in connection with Your use of the technical platform or Your participation in the promotion; and (ii) Your sole recourse for liability as a result of or in any way related to, this promotion, if any, is as against Machinima. Notwithstanding anything to the contrary contained herein, You may seek recourse for liability against Poptent in the event that: (i) Poptent breaches the Poptent Terms of Use or Privacy Policy; or (ii) Poptent fails to timely provide the applicable payment due to You in connection herewith; provided that such failure by Poptent occurs only after Machinima has delivered the applicable funds for third-party payments to Poptent and provided all information as Poptent may reasonably require (e.g., the relevant Paypal account information) in order to fulfill any such payment obligation.
ll_simon
GQ MoTY Candidate
So explain how you can talk about getting paid when thats part of the contract you can't speak on
ChrisDorner
Banned
"You may not say anything negative about Xbox one"
Look at Microsoft y'all
Look at Microsoft y'all
Damn, @MeachTheMonster may be the greatest defensive player of our era, it's like watching a prime Ben Wallace.
So explain how you can talk about getting paid when thats part of the contract you can't speak on
It's the same with all advertisement contracts. You can't just go out talking about the details of the agreement. But that has nothing to do with hiding the fact that your getting paid.
Bunch of people come in to cosign the thread title without watching the video in the op.
I co-sign and repeat all the points in the video
I'm the one who's "stupid" and taking an "L"
Only in Sony Stan land
I co-sign and repeat all the points in the video
I'm the one who's "stupid" and taking an "L"
Only in Sony Stan land
ChrisDorner
Banned
Bunch of people come in to cosign the thread title without watching the video in the op.
I co-sign and repeat all the points in the video
I'm the one who's "stupid" and taking an "L"
Only in Sony Stan land
ll_simon
GQ MoTY Candidate
You agree to keep confidential at all times all matters relating to this Agreement, including, without limitation, the Promotional Requirements, and the CPM Compensation, listed above.
