MOZA Creator Program Terms and Conditions

GUDSEN TECHNOLOGY (HK) CO., LIMITED (“MOZA”, “MOZA Racing”, “we”, “us” or “our”) encourages you to participate in the MOZA Creator Program (“Program”) and to share your work with us. Please carefully read the terms and conditions in this MOZA Creator Program Terms and Conditions (“T&Cs”).

You have the right to choose whether to participate in this Program. By agreeing to “I understand and agree to the Terms and Conditions,” you (A) acknowledge that you have read and understood all the contents and provisions of these T&Cs; (B) represent that you have the full civil capacity to sign a binding agreement (being over 18 years old or having reached the legal age of majority in your country/region), or you are a legal entity or organization established and legally conducting business under the laws of your country/region; and (C) agree to be bound by these T&Cs.

If you do not agree to any of the terms in these T&Cs, please do not submit your application to the MOZA Creator Program Platform (https://www.mozaracing.com/moza-creator).

I. Introduction to MOZA Creator Program

1. Once selected, our team will contact you via email, and the six-month partnership will begin automatically. Selected participants must sign the Agreement and provide their product reception address within 5 business days. Failure to do so will be considered a declination of this opportunity. If there are any changes to the details of this Program, participants will be notified via email one (1) week in advance.

2. To participate in this Program, you must submit your application to the MOZA Creator Program at https://www.mozaracing.com/moza-creator. *Please note that the application form will collect your name, location, email, social media links, and previous work for evaluation.

3. Once you pass our application process and confirm your place in the Program, you will have access to the following:

• A Form to collect your PayPal payment information.
• A Google Drive with support documents for you.
• All other communications, including but not limited to the agreement document, further instructions, and necessary materials, will be transferred via email (talents@mozaracing.com).

4. MOZA Creator Program:

1. After successfully received the products we offer, you’ll start working on the projects we assigned each month and submit a minimum of four pieces of content within the specific timeframe. Please note that failure to meet the requirement will result in disqualification from future participation and the need to return the products. For more details, please refer to (https://www.mozaracing.com/moza-creator).
2. Participants shall publish at least one video and one image on at least one social media platform, using the hashtag #MOZARACING #MOZACreatorProgram and #MOZA, and tagging our official accounts.
3. All submitted content will be reviewed, and some of it may be adopted and posted on various social media platforms. Content creators can only post their videos/images after they have been published by the MOZA official account. If a video/image is not chosen for publication, you are free to post it without any time constraints.
4. MOZA reserves the right to use all submitted content (videos and images) for purposes including, but not limited to, editing, marketing, distribution, and secondary use.
5. All submitted content, including the video portfolio, should be ORIGINAL.
6. We respect and uphold the copyright of original works created by content creators. All content exposure through various channels will be labeled with the creator’s ID.
7. Each month, all submitted content will be reviewed to determine if it meets our requirements. If none of your content is adopted in a given month, our staff will provide improvement insights. If none of your content is adopted for two consecutive months, MOZA reserves the right to terminate the partnership and request the return of the products.
8. Content creators will be rewarded with cash bonuses accordingly. Content that is submitted and chosen for posting by MOZA will be released on one or more of MOZA’s social media platforms. Rewards will be primarily based on the total number of views/likes (videos/images) within 30 days after the content is released.
   • If the content is published on a single social media platform, rewards will be based on the total number of views/likes within 30 days after publication.
   • If the content is published on multiple social media platforms (including both the content creator’s personal platforms and MOZA’s platforms), rewards will be based on the highest number of views/likes within 30 days after publication.
   • During the term of validity of this Agreement, MOZA will evaluate the performance of each content creator at the end of each month. Your rewards will be sent to you quarterly (November 2024 & February 2025) through PayPal. Payments will be an accumulation of your rewards over the last three months. You understand and agree that the amount you receive includes all taxes, including, but not limited to, personal income tax and VAT. Also, you shall solely bear the relevant transfer charge (if any), and we will pay you the fee after deducting the relevant transfer charge.
9. MOZA Racing is not obligated to provide free maintenance services for products branded “MOZA Racing” if the damage is not due to a quality defect.
10. MOZA Racing may contact you based on the contact information you provided on the MOZA Creator Program page.
11.  MOZA may further sign a contract with you based on mutual consensus. In case of any conflict between such contract terms and these T&Cs, the terms of such contract shall prevail. For more information regarding how we collect, process, and protect your contact information and other personal data, please refer to the MOZA Racing Privacy Policy.
12. MOZA Racing reserves all rights to interpret this event.

5. MOZA Creator Program Requirements:

In principle, we will review and evaluate at least four pieces of content you submit and the content you post on your own social media accounts every month. You must follow these steps and requirements:

1. Create and submit videos and images that meet our requirements as assigned each month. For content submission guidelines, refer to MOZA Creator Program.
2. If your submitted content is chosen, you can only post it after it has been published by the MOZA official account. If a video or image is not chosen for publication, you are free to post it without any time constraints. Please note that participants must publish at least one video and one image on at least one social media platform, using the hashtags #MOZARACING, #MOZACreatorProgram, and #MOZA, and tag our official accounts.
3. Each month, all submitted content will be reviewed to determine if it meets our requirements. If none of your content is adopted in a given month, our staff will provide improvement insights. If none of your content is adopted for two consecutive months, MOZA reserves the right to terminate the partnership and request the return of the products.
4. All Content posted shall be your original work only.
5. All Content posted must stay public for at least ninety (90) days.
6. Strictly no view purchasing allowed for any content.
7. Please keep a copy of your work.

Failure to adhere to these requirements will lead to the termination of the partnership, and you will be required to return all products provided.

6. Specifications for Content:

Comply with the requirements of all applicable laws and regulations, respect and protect applicable national interests, legitimate rights and interests of citizens, social public order, morality, and authenticity of information. You agree and undertake not to produce, reproduce, post, or disseminate the Content containing the following information:

(1) Violating the basic principles and legal provisions stipulated by the Constitution of the People’s Republic of China and by any other applicable laws;

(2) Endangering national security, leaking state secrets, subverting state power, and undermining the national unity of the People’s Republic of China or of any other country;

(3) Causing damages to the national honor and interests of the People’s Republic of China or any other country;

(4) Distorting, vilifying, blaspheming, denying the deeds and spirits of heroes and martyrs, insulting, slandering, or otherwise infringing upon the names, portraits, reputation, and honor of heroes and martyrs;

(5) Advocating terrorism, extremism, or inciting terrorist or extremist activities;

(6) Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity of the People’s Republic of China or any other country;

(7) Inciting regional discrimination and regional hatred;

(8) Undermining national religious policies and advocating cults and feudal superstitions of the People’s Republic of China or any other country;

(9) Fabricating and spreading rumors and false information, disrupting economic and social order, and undermining the social stability of the People’s Republic of China or of any other country;

(10) Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating others to commit crimes;

(11) Endangering network security and engaging in activities that endanger national security, honor, and interests of the People’s Republic of China or any other country by using the network;

(12) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;

(13) Violently intimidating or threatening others, or carrying out human flesh searches;

(14) Involving the privacy, personal information, or data of others;

(15) Spreading foul language and damaging public order and morals;

(16) Infringing upon other’s privacy rights, reputation rights, portrait rights, intellectual property rights, and other legitimate rights and interests;

(17) Spreading commercial advertisements, or similar commercial solicitation information, excessive marketing information, and spam information;

(18) Infringing upon the legitimate rights and interests of minors or damaging the physical and mental health of minors;

(19) Secretly photographing or recording others without the permission of others, infringing upon the legitimate rights of others;

(20) Performing in a manner that abuses animals, etc.;

(21) Containing horrors, violence, blood, high risk, and endangering the physical and mental health of the performer or others, including, but not limited to,

• Any content of violence and/or self-harm;
• Any performance and content that threaten life and health, and endanger the personal and/or property rights of oneself or others by using dangerous instruments such as knives;
• Content that encourages or induces others to participate in dangerous or illegal activities that may cause personal injury or death.

II. Intellectual Property Rights

Ownership of Content: You represent and warrant that all content submitted during your participation in the MOZA Creator Program is your original work. The intellectual property rights of the content shall belong to you exclusively.

Rights Granted to MOZA: MOZA reserves the right to use all submitted content (videos and images) for purposes including, but not limited to, editing, marketing, distribution, and secondary use. By participating, you acknowledge and agree to grant MOZA:

• The worldwide, royalty-free, non-exclusive, irrevocable, sublicensable (through multiple layers) right to store, use, publish, reproduce, modify, adapt, distribute, translate, disseminate, publicly perform, publicly display, and create derivatives of the content anywhere, including all social media and commercial prints.
• The right to use the content for marketing, advertising, promotion, technical testing, and other activities related to MOZA brands, products, and services, and to generate revenue through advertising, subscriptions, licensing, etc.
• The right to embed the content into audiovisual content, texts, images, illustrations, photographs, templates, and other materials created by MOZA or its licensors or affiliates (collectively, “MOZA Network Materials”).
• The right to incorporate all or part of the content into works, media, and technologies in any form.
• The right to use the content from secondary creations and published content for commercial or non-commercial purposes.
• The right to provide information download, on-demand, data transmission, mobile video services (including wireless services such as SMS, MMS, WAP, IVR, Streaming, 5G, mobile video), and related advertising and promotion services for computer terminals and mobile communication terminals (including portable communication devices such as cellphones and smart tablets), handheld digital audio and video equipment, television reception (analog and digital signal receiving equipment, digital TV, IPTV, broadcasting equipment with Internet access function, etc.).
• The right to authorize third parties to use the content in the aforementioned manners.
• The right to any other exhibition, display, performance, dissemination, distribution, development, or other use of the content and/or how the content is presented.

You represent and warrant that you have obtained appropriate permissions from all persons that recognizably appear in the Content (including the real names, nicknames, likenesses, voices, live or recorded performances, autographs, photographs, and biographical information of such third-party individuals) or organization’s (including trademarks, service marks, brands, names, logos, and organizational marks (if any) and any other branding, marketing or promotional assets, supplies, material, etc.), and the owner of any music, images, video, audio, photos, text, or other material embedded within the Content. If your Content contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use.

You acknowledge and agree that all content and materials belonging to MOZA Racing are protected by copyright laws in relevant countries. Without the written permission of MOZA Racing, you shall not, by any means (including copying, modifying, uploading, posting, transmitting, distributing, licensing, selling, or publishing), use any of the aforementioned materials for commercial purposes. MOZA Racing will acquire all rights, ownership, and interests in derivative works containing the content that are part of the MOZA Racing Network Materials.

You represent and warrant your compliance with the terms of these T&Cs. The Content you submit and the submission of the Content will not infringe any lawful rights and interests of any third parties (including but not limited to intellectual property rights, rights of portrait, rights of reputation, rights of privacy, etc.). At the same time, you will comply with all laws, regulations, and provisions applicable to these T&Cs.

III. Responsibility

1. You promise and warrant that you shall strictly comply with all applicable laws and regulations and the relevant provisions of the shooting locations and shall not use MOZA Racing Products for any illegal or improper purposes.
2. You are responsible for ensuring that all activities conducted with MOZA Racing products do not harm MOZA Racing’s image, reputation, or standing. Failure to do so may result in your obligation to compensate MOZA Racing for any resulting losses.
3. You promise and warrant that you will install and use the product in accordance with the MOZA Racing product manual and other safety instructions/guidelines (if any), take any shooting or photographing activities in a strict, careful, and safe manner, and bear the liability for personal damage, disease infection, property damage, etc., caused to yourself or any third party during your control and use of MOZA Racing product.
4. You understand and acknowledge that you are solely liable for the losses caused to you or any third party by any shooting or photographing activities you participate in under these T&Cs, including, but not limited to, (1) negligent death or negligent injury; (2) any damage or liability caused by either party’s fraud or fraudulent misrepresentation; (3) other liability accidents caused by your individual behaviors, and not caused by MOZA Racing Product quality defects.
5. MOZA Racing respects and protects your and others’ intellectual property rights, reputation rights, name rights, privacy rights, and other legitimate rights and interests. You agree and promise that you will defend, indemnify and hold harmless MOZA Racing from all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

(1) Breach of any representations and warranties made by you under these T&Cs;

(2) Any third-party complaint that the Content you submit or the way the Content is presented or MOZA Racing’s use of the Content infringe, encroach on, or violates the third-party intellectual property rights or other third-party rights;

(3) Any third party suffers personal injury, death, or property damage based on any of your actions or omissions, or complains that any of your actions or omissions violate any laws or regulations.

(4) Any other liabilities which is not caused by the sole reason of MOZA Racing.

• You understand that any shooting activities have certain personal risks. You promise and warrant that you are in good physical condition and capable of participating in this Program.

IV. Disclaimer

To the extent permitted by applicable laws, MOZA Racing disclaims all warranties of any kind, express or implied.

To the fullest extent permitted by applicable laws, you expressly acknowledge and agree that your participation in this Program is entirely at your own risk and responsibility. MOZA Racing shall not be liable for any incidental, special, consequential, or punitive damages, including but not limited to lost revenue, lost profits, lost opportunities, and incidental damages suffered by you as a result of your participation in this Program, whether arising out of or in connection with these Terms and Conditions or MOZA Racing, even if MOZA Racing has been advised of the possibility of such damages.

V. Miscellaneous

These T&Cs will be governed and construed by the laws of the People’s Republic of China. Any legal action or proceeding arising under these T&Cs will be brought exclusively to the competent courts located in the Nan Shan District of Shenzhen.

If any provision of these T&Cs is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

MOZA Racing reserves the right to adjust these T&Cs to a reasonable extent in accordance with similar activities or standard practices in relation to this Program. If such adjustment causes material impacts on your lawful rights or material deduction of our obligations or responsibilities, we will notify you by appropriate means. Please review these T&Cs periodically to ensure that you are well aware of the above adjustments. If you continue to participate in this Program or use the relevant website after the adjustment of these T&Cs, it is deemed that you have accepted and are bound by the adjusted T&Cs.