Badges Terms
The Badges feature (“Badges”) allows Instagram users (“Users”) to support their favorite creators or others (“you,” “your,” or “Creators”) through the purchase of a badge experience with Instagram (“Badge Experience”), that gives Users access to digital content or features that may be made available to Users by Instagram (“we,” “us,” “our,” or “Instagram”) or Creators. These Badges Terms (“Terms”) govern how Creators use Badges.
With regard to your use of Badges, you agree to the following:
- Your use of Badges to provide access to digital content or features to Users is subject to, and you agree to comply with, the (a) Instagram Partner Monetization Policies, (b) Instagram Content Monetization Policies, (c) Community Payment Terms, and (d) IG Creator Incentive Terms (where applicable).
- You agree to comply with all laws applicable to your use of Badges.You confirm that the content you make available via Badges does not infringe upon the intellectual property rights of any third party and that you have secured all rights necessary to distribute, copy, display, publicly perform, or otherwise use the content.
- You will not use, incorporate, or provide any music or physical goods in connection with your use of Badges without Instagram’s prior written approval.
- You may not communicate or administer a contest, raffles or sweepstakes using Badges.
- Purchases of Badge Experiences may be processed as payments to Instagram via Apple’s In-App Purchase services or Google’s In-App Purchase services, which are subject to Apple’s and Google’s separate payment terms and conditions. Apple, Google, and other platforms may charge Instagram a revenue share and/or other fees for such payment processing services according to their terms and conditions. Instagram will pay you a revenue share calculated as a percentage (“Your Share”) of what’s left of the revenues from purchases of Badge Experiences after deduction of fees/charges and of any other fees or taxes incurred by Instagram (“Net Revenue”). Following the initial test period of Badges (the “Alpha Period”), Instagram may deduct for itself a revenue share of Net Revenue. Instagram may disable some or all Badge Experiences in Instagram’s sole discretion. Instagram may in the future change the revenue share provisions contained in these Terms.
- Instagram reserves the right to offer discounted Badge Experiences in its discretion from time to time. In such instances, Your Share will be reduced accordingly, and you will only receive a revenue share based on the amounts Users actually pay (less fees and taxes incurred by Instagram).
- Subject to these Terms and provided that you have accurately completed and timely provided to us any forms or documentation that we request to set up payment to you (which payment information you must keep accurate and up-to-date), and provided that you have the requisite authority to provide such information, payments will be made within approximately 30 days after the end of the calendar month in which such Net Revenue is generated. We will not be responsible for any subsequent fees applied by your financial institution to complete payment to you. Furthermore, in the event the payment due to you would be less than One Hundred United States Dollars ($100.00), we reserve the right to roll such payment over month to month until the payment threshold of One Hundred United States Dollars ($100.00) is met (unless your account is deactivated or terminated, in which case you forfeit any accrued amounts), at which time we will make the applicable payment to you. We reserve the right to deduct from any payments due or payable to you any amounts that are past due and remain uncollected by us from you in connection with any other Instagram product or service. If you are acting as an agent (including, but not limited to, an agent or representative of a Creator), you represent and warrant that you are authorized to provide the specific payment information which you give to us and, where applicable, to receive payment from us. We are not responsible for, and will not adjudicate, any disputes between you and any other agent or entity relating to (a) the payment information that you provide to us or (b) the payment or any apportionment of the payment between you and any third party.
- You will provide us with all applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for us to satisfy any tax information reporting and/or withholding tax obligations with respect to any payments hereunder. Where applicable, we shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of U.S. Federal, state, local or foreign tax law, or under any other applicable law (collectively, “Withholding Taxes”). Where applicable, you agree that you will be solely responsible for compliance with all applicable tax regulations. Where applicable, you (a) agree that we will prepare and issue VAT invoices under self-billing arrangement, (b) acknowledge and accept the validity of such self-billed invoices, and (c) agree that you will be responsible for timely remittance to applicable tax authorities of any tax amounts on such self-billed invoices that were paid to you by us. You acknowledge that we are subject to U.S. economic restrictions and trade sanctions. As such, we reserve the right to deny payment of monthly fees when required by applicable law.
- In the event that any remittance made by us to you is subject to any Withholding Taxes, the full amount of any such Withholding Taxes shall be solely for your account. We may deduct the full amount of such withholding tax from the gross amount owed to you, and will pay the full amount withheld over to the competent tax authorities.
- If you provide (or allow Instagram to access) any data, content, or other information in connection with your use of Badges (collectively, “Supplemental Data”), then you grant Instagram (and its affiliates) a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Supplemental Data. This license survives even if you stop using Badges. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license.
- You are responsible for paying any applicable taxes owed with respect to any amounts you receive through your use of Badges. Instagram will charge you taxes with respect to such amounts if it is required to do so under applicable law.
- Instagram can terminate or suspend your use of Badges at any time in its sole discretion, and may change or stop offering Badges at any time in its sole discretion. In no event will Instagram be liable for terminating or suspending your use of Badges, for the discontinuation of Badges, for the removal of or disabling of access to content, or for the withdrawal of the content or Badges.
- If you are using Badges on behalf of a third party (including, but not limited to, as an agent or representative of a Creator), you represent and warrant that you have the authority as agent of such party to use such features on their behalf, agree to these Terms, and hereby bind such party to these Terms. You agree to indemnify and hold Instagram harmless from any claims, suits, losses, liabilities, damages, costs, and expenses resulting from your breach of the Terms.
- You agree to receive electronic communications regarding your use of Badges, Your Share, payments, and other related topics. You also agree to receipt of such communications through Instagram posts, via the email address provided to us, or by mail at the street address that you provided to us. Website and email notices shall be deemed received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three (3) business days of the date sent.
- These Terms supplement Instagram’s Terms of Use and all other terms, conditions, and policies incorporated therein (collectively, the “Instagram Terms”). Badges is part of the "Facebook Products" provided to you by Facebook, Inc., and your use of Badges is deemed part of your use of Facebook Products. In the event of any express conflict between these Terms and the Instagram Terms, these Terms will govern solely with respect to your use of Badges and solely to the extent of the conflict. Instagram reserves the right to monitor or audit your compliance with these Terms and to update these Terms from time to time, and your continued use of Badges constitutes acceptance of such changes.