1. Definitions.
1.1 “Endorsement Content” means any content created via Influencers endorsing or promoting Discord’s products or services.
1.2 “Influencers” means all talent, influencers, bloggers, endorsers or other third parties who maintain their own audio or video channels, blogs or social media presence and who are engaged, directly or indirectly, by Provider to create or distribute content, whether online or offline, which may relate to Discord or its products or services. Influencers that are engaged, managed, or compensated by Provider constitute Personnel.
1.3 “Social Media” includes all means of communicating or posting information or content of any sort on the Internet or any electronic/software application (e.g., Facebook, Twitter/X, Instagram, Pinterest, YouTube), including to any web log or blog, app, journal, or diary, personal website, social networking or affinity website, web bulletin board, or a chat room, as well as any other form of electronic communication by Provider or its Personnel.
1.4 Any capitalized terms used but not defined in this Appendix have the meanings given to them in the MSA.
2. Disclose Requirements.
2.1 Provider will ensure it and any Influencer it engages will make the connection to Discord clear and conspicuous and that any Endorsement Content is properly disclosed as advertising, regardless of space limitations of the medium. The disclosure should be prominent enough for consumers to view and understand it easily when they are reading posts. Such disclosures will be: (a) unavoidable, (b) made in the same form and format of each type of endorsement (for example, if the post is a video of a person speaking, it should be superimposed on the video, spoken aloud, as well as in the video text description), and (c) at the beginning of the post (and if the post is livestreamed or longer than 60 seconds, repeatedly through the post).
2.2 By way of example, Discord requires that Provider include the following disclosures in a video:
(a) a text description statement in the video description text, such as: “#ad”, “#sponsored” or “#Discordpartner”, “Discord agency employee”;
(b) a verbal statement such as “This video is sponsored by Discord”; and
(c) text superimposed over the video, such as: “#ad”, “#sponsored” or “#Discordpartner”, “Discord agency employee.”
3. Endorsement Content Requirements.
3.1 Honest Assessment. Provider will ensure that it and any Influencers it engages only make statements that reflect honest and truthful opinions that are reflective of Provider or Influencer’s (as applicable) actual experiences using Discord’s products and services. Provider will ensure that all Endorsement Content will clearly state that the views expressed do not represent the views of Discord (unless they were directed by Discord). If a statement is one that Discord has instructed the Provider to post, Provider will ensure it or any Influencers it engages will make this fact clear to viewers.
3.2 Truthful and Accurate. Provider will ensure it and any Influencers it engages only make factual statements about any Discord’s or a competitor’s services’ characteristic or quality, as verified by Discord, including all expressly stated or implied messaging.
3.3 Quality Standards. Provider will ensure that any statements made in connection with or in Endorsement Content will be consistent with the positive images and/or goodwill with which Discord wishes to associate, including ensuring Endorsement Content does not link to or include content that is sexual, violent, offensive or otherwise inappropriate for the audience for which it was intended. Provider will ensure that Endorsement Content conforms with the Discord Community Guidelines available at https://discord.com/guidelines or other URL that Discord may provide from time to time.
4. E-Mail and Electronic Messages. Unless expressly requested in writing, neither Provider nor any Influencers may send any emails/electronic messages on Discord’s behalf.
5. Influencers.
5.1 Engagement. Provider will not engage, manage, or compensate Influencers for participating in any activity relating to Services unless expressly required under an applicable SOW. Provider will thoroughly screen all Influencers proposed to and engaged by Provider on Discord’s behalf.
5.2 Compliance. Provider will review all Endorsement Content to ensure compliance with the MSA and this Appendix. As between the parties, Provider is solely responsible for, and will ensure Influencers and Endorsement Content complies with the following:
(a) All applicable laws, rules, and regulations (including disclosures regarding advertising, paid, or sponsored content);
(b) The terms of the MSA, including this Social Media Appendix;
(c) The Discord Community Guidelines available at https://discord.com/guidelines or other URL that Discord may provide from time to time; and
(d) Discord Branding Guidelines available at https://discord.com/branding or other URL that Discord may provide from time to time.
5.3 Monitoring. Provider will implement guidelines, rules, and protocols for reviewing and monitoring the activities of Influencers and will take all necessary action to ensure compliance with applicable laws and regulations and the terms of the MSA, including, without limitation, termination of any noncompliant Influencer’s participation in the campaign and association with Discord where appropriate.
6. Content Review. Unless otherwise agreed to in writing by Discord, Provider will ensure that Discord reviews all Endorsement Content, including during the Endorsement Content’s conception (e.g., concepts and storyboards) prior to publication on Social Media. For clarity, all Endorsement Content is subject to the approval and acceptance provisions set forth in the MSA.
7. Content Removal.
7.1 Provider will immediately remove any content relating to Discord, its products or its services, those of its competitors or those associated with Discord, upon notice from Discord that it finds the content objectionable. Further, Discord expects that Provider will promptly remove any content for which it receives a legitimate complaint or which Provider later becomes aware may be in violation of the law or otherwise violate third party rights.
7.2 If Provider finds that any Endorsement Content does not comply with any law or regulation, the terms of the MSA, any guideline or policy provided to it, or is otherwise objectionable, Provider will: (i) immediately notify Discord; and (ii) use best efforts to ensure that the applicable Influencer immediately deletes or amends any non-compliant Endorsement Content. Upon Discord’s request to remove or delete any Endorsement Content at any time for any reason, Provider will use best efforts to ensure that content is removed and deleted within as soon as possible, but no later than 24 hours after receiving the request.