Legal

Best Flex Network Performer Terms

Effective: 12 May 2018

Welcome

  1. Welcome to the Best Flex Network. If you’re a bodybuilder or physique model, we know you already flex in the mirror, at the gym, maybe on stage. Now, imagine earning extra cash showing off your physique to fans, from the comfort of your own home. That’s possible as a performer on the Best Flex Network.
  2. Becoming a performer is easy. You’ll already have read our Best Flex Network Terms of use. These additional terms for performers (‘Performer Terms’) are an extra part of the Best Flex Network Terms that apply specifically to performers on the Best Flex Network. You’ll need to agree to them before you can become a performer. These govern the relationships, rights and obligations of performers to us and buyers using the Best Flex Network. You agree to put your profile, content and items on the Best Flex Network and make them available to buyers on the basis stated in the Best Flex Network Terms and these Performer Terms.

As a performer on the Best Flex Network you have responsibilities to us, viewers of your profile and buyers of your items. Please take the time to review these Performer Terms carefully.

  1. When we say ‘you’ in these Performer Terms we are referring to you, the performer whose details are listed as the Best Flex Network account holder. All other words defined or explained in the Best Flex Network Terms have the same meaning here. If there’s any inconsistency between what we say in these Performer Terms and what is in the Best Flex Network Terms, what we say in these Performer Terms prevails.

Becoming a performer

  1. Becoming a performer is free: Becoming a performer and putting your profile or items up on the Best Flex Network is free but there is a review process. There are a few things you warrant in exchange for the right to be a performer, which are outlined in these Performer Terms.
  2. Process to become a performer: There are easy steps you follow to sign up as a performer, which are outlined on the Best Flex Network Become an Performer guide. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being a performer on our Performer Guide page.

How selling your items works

  1. What you're providing:: When you ‘sell’ an item, you’re making your item available to buyers to view that item under certain conditions; you’re not actually selling the item itself. What you’re selling allows the buyer to download or view that item.
  2. The total price for an item on the Best Flex Network is made up of:
    1. Item price: This is the amount of money you make from the sale of each item
    2. Selling fee: This is the fee that we charge for the services we provide. You will see the selling fee deducted every time you sell an item.
    3. Payment fee: This is the fee that our payment providers charge for processing the payment. You will see the payment fee deducted every time you sell an item.
    4. Taxes: Some transactions may be subject to sales tax that may be added to the price.

The price shown next to your item on our websites is the list price. The list price is made up of the item price, selling fee and payments fee.

  1. Your earnings: When your item is sold on the Best Flex Network, you will see three transactions on your account.
    1. A credit to your account of the list price.
    2. A debit from your account of the selling fee.
    3. A debit from your account of the payment fee.

After these three transactions, your overall balance will increase by the item price. This is your earnings.

  1. Rates: The rates charged for the selling fee and payment fee will be advised to you before you sell your first item. We can change these rates at our discretion at any time. If we change your rates, you will have the option to continue selling your items on the Best Flex Network or remove them
  2. Setting the prices of items: We set the prices of items, unless you request that we set a specific price. Even so, you acknowledge and agree that we have absolute control over the pricing of the Best Flex Network item.
  3. Item review: We have rules about what we accept and don’t accept. You can check out acceptable use policy and performer guides for more information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for the Best Flex Network.
  4. No Variation: You are not permitted to vary these terms (or the Best Flex Network Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on the Best Flex Network on your items will have no effect against buyers or the Best Flex Network.

How do payments of earnings work?
These sections explain how earning an income works on the Best Flex Network and important information about payments to your account, and deductions from your account. Please check it closely.

  1. Earnings payment: We will pay you the item price component of the list price. In order for us to do this, you authorise us to collect payments, to credit your Best Flex Network with the item price and to deduct our selling fee and the payment fee.
  2. Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. In most cases, you can set the threshold at which we make a payment to you.
  3. Earnings payment timing and methods:
    1. You ask us to hold the balance of your earnings until they are paid out to you, the Best Flex Network account holder. You can set up an automatic payment destination which must be owned by you, the Best Flex Network account holder. Where your earnings reach certain threshold amounts, we make weekly payouts of your earnings to your payment destination.
    2. When we get a manual request for payment, we’ll pay you at the next payment cycle.
    3. You must provide us with the correct details and payment method when you set your payment destination.
    4. We reserve the right to pay your earnings to you, at any time, at our discretion.
    5. You may bear some or all expenses incurred by us in paying monies to you.
  4. Potential deductions:
    1. Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an Best Flex Network transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your Best Flex Network account.
    2. You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your Best Flex Network account any amount that would otherwise be payable to you.
    3. If you breach any warranty you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.
  5. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
    1. we do not have the correct payment details;
    2. we can’t contact you using the contact details that you have supplied;
    3. you have not made a request for payment; or
    4. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
  6. Currency conversions: Whenever we make a payment to you as a performer, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
  7. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Best Flex Network Terms and these Performer Terms, we can at our discretion disable the item or your membership. We may also hold any earnings on that item or your account for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

Performer house-keeping

  1. Taxes that apply to our supplies: Any fees paid by you for supplies made to you by the Best Flex Network in connection with these terms exclude UK VAT (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms on which UK VAT is imposed, any applicable fee that we charge for that supply is increased by, and you must also pay to the Best Flex Network, an amount equal to the VAT payable by the Best Flex Network on that supply.
  2. Taxes that apply to your supplies:
    1. As a performer on the Best Flex Network, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State). This means that you are responsible for paying any personal income tax or corporate profit tax due in your country on the earnings that you make from selling your items on the Best Flex Network.
    2. The Best Flex Network will charge, collect and account for VAT in an EU Member State when a buyer is located in an EU Member State and they buy a digital service (such as an automated download or membership). When a buyer is located in an EU Member State, it is the buyer's responsibility to self-account for VAT. It is not your responsibility as a performer to account for VAT when a buyer is located in an EU Member State.
    3. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a performer. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
    4. We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. We may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.

Remember, we do not calculate, collect or pay any personal income tax or corporate profit tax from your earnings. You are responsible for calculating the tax you need to pay on your income in your country.


Your warranties and responsibilities:

  1. As a performer you warrant to us and each buyer of your items that:
    1. the item is of acceptable quality;
    2. the item matches the description given by you on the item preview page, as well as any item preview;
    3. you have rights necessary to sell that item;
    4. selling the item, or the buyer's private viewing or use of that item, does not infringe the intellectual property rights of someone else;
    5. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    6. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, child pornography, anti-discrimination, trade practices or fair trading);
    7. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
    8. you give, or have, the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item.
  2. You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in the Best Flex Network Terms.
  3. As a performer you warrant to us that:
    1. you will not buy your own items;
    2. you will follow any performer guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
    3. information and documentation you give us (like your name and address) is accurate.
  4. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the Best Flex Network Terms or the item’s license.
  5. Our use of your item: We may use the whole or part of your items to promote the Best Flex Network. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
  6. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. We will not be responsible for any loss that you may suffer as a result of your item being removed.
  7. Personal information: In order to facilitate a transaction on the Best Flex Network, we may provide you with relevant buyer information and also may provide buyers with your relevant information. You agree that you will keep buyer information confidential and only use this information for that the Best Flex Network transaction.

 

Special deals and promotions

  1. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for performers (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to the Best Flex Network buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in the performer fee or licensing terms, then it is a special promotion and the following sections are relevant.
  • Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the Best Flex Network. Given the nature of special deals and special promotions, the performer fee may differ for special deals or special promotions.

    • Legal housekeeping

    1. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
      1. for receiving payments from buyers (the buyer's obligation to pay you for an item will be met when they make a Buy Now payment to us or an the Best Flex Network  Company);
      2. for passing on your warranties to buyers;
      3. for limiting your liability to buyers.

    Definitions

    • Performer: a member who makes items available for sale on Best Flex Network or creates a public performer profile
    • Buyer: a person who ‘buys’ items on Best Flex Network.
    • Best Flex Network content: is all the content that we have put on the Best Flex Network and includes the design, compilation, and look and feel of the Best Flex Network, and copyright, trademarks, designs and other intellectual property on the Best Flex Network (unless otherwise stated and excluding content owned by others like performer content).
    • Best Flex Network: When we refer to the ‘Best Flex Network’ we’re talking about these websites:
    • Best Flex Network account: what you receive when you become a Member which gives you access to any of the Best Flex Network sites.
    • EU Member State: the countries listed here: http://europa.eu/about-eu/countries/index_en.htm
    • Payment fee: the fee buyers may pay when using a payment method.
    • Selling fee: the fee we charge for making our services available.
    • Item price: the price performers earn when an item is sold
    • Items: digital goods found on the Best Flex Network like videos, photos, membership access and much more.
    • List price: the price you see on an item page on the Best Flex Network, which is made up of the item price, payment fee and selling fee
    • Member: a person who signs up by creating an account and accepting these terms.
    • Member’s statement: the record of payments by you to Best Flex Network (as a buyer) and by Best Flex Network to you (as a performer
    • Payment method: any payment agent or method we make available on the Best Flex Network.
    • Total price: the price the buyer will pay in total, which consists of the item price, our selling fee, our payment provider’s payment fee and any taxes that may be added.
    • Your content: everything that you post on the Best Flex Network or send via the Best Flex Network to other members and to us including items, files, communications and materials.