Agency Terms

Agency Terms — Winstory

ARTICLE 1 — AGENCY ROLE

The agency orders in its own name from Winstory. It does not automatically bind the end client for every obligation. It states the end client’s identity where the Campaign requires it.

ARTICLE 2 — MANDATE

The agency warrants that it holds the mandate needed for the brief, the trade marks, the data instructions and the reuse requests it makes. Winstory may require written evidence of the mandate before a sensitive exploitation. Failure to provide that evidence allows the act concerned to be suspended, without by itself creating a claim against the end client.

ARTICLE 3 — PAYMENT

The agency owes the price to Winstory, even if it reinvoices the end client. The end client’s failure to pay is not a defence against Winstory, unless a written term says otherwise.

ARTICLE 4 — LIMITED AUTHORITY

The stated authority covers the Campaign described. It does not cover a general assignment of rights, an unlimited guarantee by the end client, or data processing outside the brief, except a special written mandate.

ARTICLE 5 — TRADE MARKS

The agency warrants that the end client authorises use of the trade marks for the Campaign. Use is limited to that Campaign and its term. There is no assignment of the trade mark.

ARTICLE 6 — DATA

The agency may be controller for the operations it determines for the end client. Winstory is controller for billing and platform security. The DPA applies where Winstory processes on behalf of the customer or the agency under documented instructions.

ARTICLE 7 — UGC

The agency does not acquire ownership of Contributions merely because it places the order. It may request exploitation only within the scope authorised by the participants and by the end client.

ARTICLE 8 — FALSE STATEMENT

A false statement of mandate allows suspension, preservation of evidence and compensation for direct loss. It does not transfer to the end client a debt the end client has not accepted.

ARTICLE 9 — AI

AI Studio requests made by the agency bind the agency as to prompts and media. The cost is distinct from the Campaign price.

ARTICLE 10 — CONFIDENTIALITY

The agency keeps non-public parameters and participants’ data confidential, and does not reuse them for other clients. The obligation lasts three years after the Campaign, subject to legal exceptions.

ARTICLE 11 — LIABILITY

Winstory’s liability to the agency is that of the professional terms: fees of the Campaign concerned, with the same legal reservations. The agency is liable for its lack of mandate.

ARTICLE 12 — END OF THE CAMPAIGN

At the end, the agency stops presenting the Campaign as active. Licences already granted for their term remain. Rewards already earned remain due under the Campaign rules.

ARTICLE 13 — AGENCY SUBCONTRACTING

The agency may use staff. It remains the sole debtor to Winstory. It does not give staff more rights than it has.

ARTICLE 14 — FORCE MAJEURE

Force majeure has the same meaning as in the professional terms. An ordinary failure by the agency to collect the mandate is not force majeure.

ARTICLE 15 — EVIDENCE

The end client’s name entered by the agency, the payment and the instructions are evidence of what the agency requested. They do not, by themselves, prove the end client’s consent.

ARTICLE 16 — LAW

French law applies. The courts of Paris have jurisdiction between professionals. An end client who is a consumer, if that person were ever a party, would keep mandatory forums. These terms do not make that person a party. The Agency contracts in its own name as the professional customer. The end client may be the Campaign beneficiary and the beneficiary of configured rights. The end client is not automatically a party to the contract with Winstory. The Agency warrants the authority required for the actions it declares, within the recorded scope. That declaration is not an independent verification of the mandate by Winstory.

ARTICLE 17 — TERMINATION

Winstory may terminate if the mandate is challenged by the end client with a serious element, or in the event of fraud. Services already performed remain due.

ARTICLE 18 — SURVIVAL

The price due, the mandate warranty for claims that have arisen, confidentiality, licences for their term and evidence survive.