GENERAL CONDITIONS APPLICABLE TO MONAMEDIA CONTRACTS
Preamble
This document constitutes a common basis of general conditions applicable to all contractual relationships between MONAMEDIA SARL and any person or entity contracting with it in the context of its services.
It aims to legally frame, uniformly, the reciprocal rights and obligations between MONAMEDIA and the User, understood as any individual or legal entity that has entered into a contract for the supply, collaboration, or exploitation of MONAMEDIA solutions.
It applies as a principle in addition to the main contract signed and constitutes a contractual basis enforceable against any User.
1. Definitions
The following terms, when used in these General Conditions (hereinafter referred to as the "GC"), shall have the following meanings, whether used in singular or plural:
"MONAMEDIA": refers to MONAMEDIA, a company under Monegasque law whose registered office is located at 4 rue des Lilas, MBP in 98000 Monaco, and which operates the technical, commercial, and logistical platform accessible at http://www.monamedia.mc/
"User": refers to any individual or legal entity accessing or using the MONAMEDIA platform in any capacity, whether as an individual user (B2C) or professional partner (B2B).
"B2C Client": refers to any individual acting outside a professional framework, who has subscribed to an advertising broadcast offer on their personal television via the MONAMEDIA box.
"B2B Partner": refers to any professional entity (business, shop, institution) owning one or more screens and having signed an advertising broadcast contract with MONAMEDIA.
"MonaApp": refers to the mobile application published by MONAMEDIA allowing Users (B2C or B2B) to access their account, track the performance of screens, and interact with the services offered.
"MONAMEDIA Box": refers to the technical equipment provided by MONAMEDIA (or acquired by the client) enabling the broadcasting of advertising banners on connected screens.
"L-Banner": refers to the standard advertising format broadcast by MONAMEDIA, in the form of a discreet banner lasting ten (10) seconds appearing at the bottom of the screen.
"MONAMEDIA Platform": refers to all services accessible via the website www.monamedia.mc, the MonaApp, or any other digital media published by MONAMEDIA.
"Compensation": refers to sums paid by MONAMEDIA to an eligible User in exchange for the use of one or more screens for advertising purposes.
"Payment Service Provider": refers to any authorized actor involved in processing financial flows between MONAMEDIA and its Users. MONAMEDIA does not handle or hold the transferred funds.
2. Scope of Application
The present General Conditions (the "GC") govern access, use, and the operational modalities of the MONAMEDIA platform, as operated by MONAMEDIA.
They apply, without restriction or reservation, to any person accessing the platform, and particularly to the following categories of Users:
– B2C Clients, individuals using a personal television to broadcast advertising banners via the MONAMEDIA box;
– B2B Partners, businesses or professional entities with screens in their premises collaborating with MONAMEDIA under an advertising broadcast contract;
The GC supplement, as applicable, the specific contracts concluded between MONAMEDIA and the User (B2C Contract, B2B Contract, or Contract), which prevail in case of contradiction.
Access and use of the platform imply the full and unreserved acceptance of the present GC. If the User does not accept all or part of these provisions, it is their responsibility not to access the services.
MONAMEDIA reserves the right to update these GC at any time, in compliance with the rules applicable to each type of contract.
3. Access to the Service
Access to the services offered by MONAMEDIA is conditioned on the fulfillment of the following criteria, which vary according to the User's profile.
3.1 – General Conditions of Eligibility
Every User must:
– have the legal capacity to contract;
– accept without reservation the present GC and, where applicable, the specific contractual conditions that apply to them;
– provide accurate, verifiable, and up-to-date information during registration or activation of their account;
– not have been previously excluded from the MONAMEDIA platform for contractual breach or fraudulent behavior.
3.2 – Access for B2C Clients
Access to the service is reserved for adult individuals residing in France or Monaco, possessing a compatible television and a stable internet connection.
The B2C Client must activate their box via the MonaApp and accept the compensation terms outlined in the B2C contract.
3.3 – Access for B2B Partners
The B2B Partner must be a registered legal entity with one or more screens in a professional context and sign a specific contract with MONAMEDIA.
The installation of boxes can be carried out by MONAMEDIA or the Partner, depending on the chosen offer. Access to the professional back office is granted to any client with a valid account with MONAMEDIA, regardless of the possession or activation of MONAMEDIA equipment or box.
The client can, at any time, subscribe to complementary services (StarterPack, Monapack, EventPack, or any future offer) either online or through a duly authorized representative.
This subscription is autonomous and is not conditioned on the activation or use of MONAMEDIA equipment.
3.4 – Suspension or Refusal of Access
MONAMEDIA reserves the right to suspend, restrict, or refuse access to all or part of the service in case of:
– non-compliance with these GC or a specific contract;
– abusive or diverted use of the platform tools;
– suspicion of fraud, simulation of broadcasts, or behavior contrary to commercial ethics.
The suspension shall not give rise to any indemnity, subject to the specific contractual provisions applicable to the concerned profile.
4. Description of the Service
MONAMEDIA operates a hybrid technological platform, accessible via its website, its MonaApp mobile application, and its professional tools, allowing its Users to generate revenue or commissions through the broadcasting of advertising content or commercial connections.
4.1 – Broadcasting Advertisements on Personal or Professional Screens
The main service of MONAMEDIA consists of enabling the broadcasting of discreet advertising banners ("L-Banners") on televisions connected to a specific box provided or validated by MONAMEDIA.
Each L-Banner corresponds to an advertisement lasting ten (10) seconds, displayed at the bottom of the screen, within the limit of one minute per hour of actual operation.
This broadcast entitles, depending on the User's profile, to variable compensation determined in the applicable contract.
4.2 – MonaApp Application
The MonaApp application allows Users to:
– view in real-time the performance of their screens;
– check their compensation balance or commissions;
– access their activity history, contractual documents, and additional functionalities (Watch2Help, MonaMaker referral, customer support).
Using the application requires possession of an activated and validated user account.
4.3 – Professional Interface and B2B Modules
B2B Partners have dedicated professional access allowing them to:
– manage their fleet of screens, consult broadcast volumes and associated revenues;
– activate specific commercial options (Monapack, EventPack, StarterPack);
Activation of these services requires prior signing of a specific B2B contract.
4.4 – Excluded or Non-Guaranteed Services
MONAMEDIA does not ensure the provision of internet access nor the maintenance of Users' televisions.
The proper functioning of the service depends on the quality of the network connection, the technical compatibility of the equipment, and compliance with installation conditions.
MONAMEDIA reserves the right to modify, suspend, or withdraw certain features, provided that Users concerned are informed within a reasonable time.
5. Commitments of the User
Each User undertakes to use MONAMEDIA's services responsibly, fairly, and in accordance with their contractual purpose.
5.1 – Accuracy of Provided Information
The User guarantees the accuracy, sincerity, and timeliness of the information they communicate to MONAMEDIA during registration, activation of their account, or updating of their data.
They commit to promptly notifying any modifications likely to impact the proper functioning of the service (e.g.: change of address, screen, bank details, employment situation).
5.2 – Technical Compliance and Fair Use
The User commits to:
– use compatible and properly installed equipment, compliant with MONAMEDIA's specifications;
– keep their box powered, connected, and functional, except in cases of force majeure or technical incidents beyond their control;
– not disrupt, alter, or circumvent the mechanisms of broadcasting, measurement, or compensation.
5.3 – Prohibition of Fraud and Simulation
The User is strictly prohibited from:
– artificially simulating the operation of a television (devices left on without real use, automation, looping, etc.);
– diverting tools using emulators, scripts, manipulation software, or unauthorized systems;
– reproducing, copying, or hacking the code of the box or the MonaApp.
In case of serious suspicion, MONAMEDIA reserves the right to suspend or deactivate the account and to claim the restitution of improperly received sums.
5.4 – Respect for MONAMEDIA's Rights and Image
The User is prohibited from any communication, reproduction, or use of the name, trademarks, materials, or reputation of MONAMEDIA without prior written permission.
They commit not to act as an official representative of the company unless expressly authorized to do so.
5.5 – General Behavior
The User commits to:
– not harm the proper functioning of the platform or the service offered to other Users;
– respect the contractual conditions applicable to them according to their status;
– demonstrate courtesy, good faith, and cooperation in their exchanges with customer service or MONAMEDIA partners.
5.6 – Responsibility Specific to Each Profile
B2C Clients are personally responsible for the use of their equipment.
B2B Partners commit to respect the technical environment stipulated in their contract, particularly in the case of a multi-screen setup.
6. Financial Conditions
6.1 – Payment Service Provider
All financial flows transit exclusively through an authorized payment service provider, acting as a secure intermediary.
MONAMEDIA does not hold, collect, or retain directly any funds belonging to its Users.
The processing of operations is subject to the general conditions of the relevant payment service provider.
6.2 – Compensation Terms for B2C and B2B Users
B2C and B2B Users receive variable compensation, calculated based on:
– the number of active screens duly registered;
– the actual volume of advertising banners (L-Banners) broadcasted per hour;
– the operating duration of the screens;
– and the compliance with the contractual and technical obligations defined by MONAMEDIA.
The applicable amount per advertisement, any potential presence of unpaid campaigns, as well as the calculation thresholds are defined in the corresponding B2C or B2B contract.
6.3– Payment of Amounts Due
The payment of the amounts due is made by transfer via the payment service provider, no later than the 15th of the month following the validation or closure of the accounting month, subject to:
– the balance reaching the minimum threshold of 30 € including tax;
– the payment information provided being valid;
– the User having complied with their contractual obligations.
Processing fees may apply depending on the chosen withdrawal method (SEPA transfer, PayPal, etc.), at the User's expense.
6.4 – Suspension of Payments
MONAMEDIA reserves the right to suspend or defer any payment in case of:
– founded suspicion of fraud, simulation, or manipulation;
– erroneous or unverifiable technical data;
– manifest non-compliance with contractual conditions.
The suspension does not constitute a waiver, but a temporary freeze pending verifications.
6.5 – Tax and Reporting Responsibility
Each User is solely responsible for the tax, social, and reporting obligations related to the amounts they receive.
MONAMEDIA does not issue payslips, does not carry out any withholding, nor any reporting on behalf of its Users.
If applicable, an annual summary may be generated for informational purposes via the MonaApp.
7. Intellectual Property
7.1 – Ownership of Rights
All elements constituting the MONAMEDIA platform, as well as the content broadcasted or automatically generated therein, are the exclusive property of MONAMEDIA or its contractual partners.
Protected in particular are:
– brands, logos, slogans, trade names, domain names;
– original visual, sound or textual content;
– software structures (MonaApp, dashboard, algorithms, source code of the boxes);
– graphic charters, user interfaces, and design elements.
No right to use, reproduce or exploit may be granted to the User outside of the cases expressly provided in the contracts or specific authorizations.
7.2 – Restricted and Non-Exclusive Use
Subject to their profile, the User may access certain resources or visuals intended to facilitate the communication or promotion of the service.
Any use of these elements (PDFs, screenshots, excerpts, marketing content) is strictly limited to personal or professional use compliant with the defined mission in their contract and excludes:
– any modification, diversion, or reinterpretation of the message;
– any public dissemination without prior written permission from MONAMEDIA.
7.3 – Content Provided by the User for Communication Purposes
The User may, if they expressly consent, authorize MONAMEDIA to use the following elements for communication or commercial enhancement purposes:
– their first name, city, or age group;
– their profile picture or a photo of their installation (TV, box);
– quotes, reviews, or testimonials provided voluntarily.
This authorization can be revoked at any time by simple written request and is never imposed as a condition of access to the service.
7.4 – Integrity of the Box and Code
The source code of MONAMEDIA systems, as well as the connected boxes and their embedded modules, may in no case be copied, analyzed, disassembled, decompiled, or modified, even partially.
Any behavior of this type may result in immediate termination of the contract, without prejudice to civil or criminal prosecution.
8. Responsibilities of MONAMEDIA
8.1 – Nature of the Obligation
MONAMEDIA provides its services under a best efforts obligation.
It commits to implementing all reasonably necessary technical, human, and contractual resources for the proper functioning of the platform, the advertising broadcasting, the MonaApp, and associated compensation systems.
It does not guarantee the profitability of a screen, a fixed revenue amount, or continuous availability of the service.
8.2 – Limitation of Liability
MONAMEDIA's liability cannot be engaged towards the User in case of:
– interruption or failure of the service due to a force majeure event, network failure, or third-party act (internet provider, payment, cloud...)
– non-compliant or faulty hardware configuration;
– improper installation, unauthorized use or erroneous handling of the box;
– erroneous or incomplete data provided by the User;
– simulation of operation, attempted fraud, or violation of technical rules.
8.3 – Responsibility Specific to Each Profile
– Regarding B2C Clients, MONAMEDIA cannot be held responsible for side effects related to the broadcasting of advertisements (partial visibility, temporary visual disturbance, network saturation).
– For B2B Partners, advertising results, occupancy rates, or return on investment are never guaranteed, unless expressly stipulated in a dedicated contract.
8.4 – Indirect Damages and Caps
MONAMEDIA cannot be held liable for indirect damages suffered by the User, such as loss of expected revenue, loss of opportunity, commercial harm, or reputational damage.
In any case, unless gross negligence or willful misconduct, MONAMEDIA's total liability shall be limited to the total amount received by the User concerned over the past twelve (12) months, for all causes combined.
8.5 – Reporting of Malfunctions
Any incident, anomaly, or technical malfunction must be reported promptly to the support service via MonaApp or at the address support@monamedia.mc.
The User commits to cooperate in good faith to any verification or testing procedures aimed at restoring normal service operation.
9. Delivery of the Service
9.1 Implementation Modalities
The MONAMEDIA services are delivered according to the modalities and deadlines agreed upon in the Main Contract or, failing that, within a reasonable time from the acceptance of the User's file.
9.2 Suspensive Conditions
The effective delivery of the service is subject to the fulfillment of the following conditions:
· validation of the User's administrative file,
· technical confirmation of compatibility of the equipment,
· absence of any legal or regulatory contraindication affecting the contemplated activity.
9.3 Delivery of Equipment
When the service includes the delivery of a physical box or equipment, ownership of the material remains that of MONAMEDIA unless expressly transferred. The User is a custodian, responsible for its proper usage and is required to return it upon first request in case of suspension, withdrawal or termination of the contract.
9.4 Continuous Availability
MONAMEDIA takes all necessary measures to ensure continuity of service. However, the User acknowledges that the provision of the service may be temporarily interrupted for maintenance, updates, technical interventions, or force majeure, without granting any right to compensation, unless expressly stipulated otherwise.
10. Termination of the User's Account and Service Cessation
10.1 Termination at the User's Initiative
The User may terminate their contract at any time, by written notification addressed to MONAMEDIA, subject to a notice period of fifteen (15) days. The termination results in the removal of access to MONAMEDIA services and associated interfaces.
Any outstanding balances will be paid within thirty (30) days following termination, subject to contractual compliance and minimum payment threshold.
10.2 Termination at the Initiative of MONAMEDIA
MONAMEDIA may terminate any contract as of right, without indemnity, in case of serious breach by the User of these General Conditions or the Main Contract, after notification remaining ineffective for seven (7) days.
In the most serious cases (manifest fraud, security breach, system diversion), MONAMEDIA may terminate with immediate effect, without prior notice or regularization period.
10.3 Effects of Termination
· Removal of access to services, platforms, applications, or interfaces;
· Immediate deactivation of the boxes and cessation of all advertising broadcasting on the concerned screens;
· Return of equipment within a maximum period of fifteen (15) days if applicable;
· Maintenance of clauses relating to confidentiality, intellectual property, non-solicitation, and liability after the end of the contract, for the stipulated duration or, failing that, for five (5) years.
11. Personal Data & Confidentiality
11.1 – Data Processing Controller
The personal data collected in the context of using MONAMEDIA services are processed by MONAMEDIA, as the controller, in accordance with the applicable regulations in the Principality of Monaco (law no. 1.165 amended) and the General Data Protection Regulation (GDPR – EU 2016/679).
11.2 – Categories of Collected Data
MONAMEDIA may collect and process the following data:
– identity data: first name, last name, email address, profile picture, date of birth (optional), city;
– contractual data: status, type of contract, activation date, preferences, user type;
– technical data: activity logs, broadcast duration, number of active screens, approximate location;
– transaction data: generated compensations, validated commissions, payment history;
– browsing data within the application or on the site.
11.3 – Purposes of Processing
Personal data are processed for the following purposes:
– management and execution of contracts concluded with Users;
– calculation and display of advertising performances;
– issuing notifications, push messages, and personalized emails;
– implementation of the Watch2Help program;
– management of requests and customer support;
– production of anonymized statistics and aggregated reports.
11.4 – Bank Data and Secure Payment
MONAMEDIA neither collects nor directly retains the banking data of its Users.
All financial transactions are carried out via authorized payment providers, in accordance with their own terms of use and privacy policies.
MONAMEDIA only receives technical identifiers or payment statuses, without access to complete banking details.
11.5 – Notifications, Pushes and Marketing Communication
By accepting these GC, the User authorizes MONAMEDIA to send them:
– emails related to the execution of the service;
– mobile push notifications of an informative, contractual, or promotional nature;
– communications related to their activity or MONAMEDIA offers, including through its internal channels or authorized partners.
The User may at any time configure or decline certain communications via their personal space or the settings of the MonaApp.
11.6 – Data Retention
Personal data are retained for the period strictly necessary for the purposes of processing, namely:
– for the entire duration of the contractual relationship,
– and then for a period of five (5) years from the last activity, for proof purposes, compliance, or pre-litigation management.
11.7 – Rights of Individuals
In accordance with applicable regulations, the User has the following rights:
– right of access, rectification, updating, and erasure of their data;
– right of opposition or limitation of processing;
– right to data portability;
– right to withdraw at any time their consent to the use of their data for non-contractual purposes.
Any request can be addressed to office@monamedia.mc or by post to the address of MONAMEDIA's headquarters, accompanied by a valid identity document.
11.8 – Security and Subcontracting
MONAMEDIA implements appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of personal data.
Some data may be processed by subcontractors acting on behalf of MONAMEDIA, under the conditions provided by a subcontracting agreement compliant with the GDPR.
12. Trademarks and Copyrights
12.1 Ownership of Trademarks
All trademarks, logos, trade names, visual identities, and distinctive signs belonging to MONAMEDIA, registered or not, are protected by trademark law. The User acknowledges that these elements are the exclusive property of MONAMEDIA or are subject to a duly granted license.
No right to use, reproduce or represent can be granted to the User outside the rights expressly authorized by MONAMEDIA within the framework of contract execution. Any unauthorized use constitutes an act of infringement that may incur civil and criminal liability for its author.
12.2 Copyright and Associated Creations
All editorial, visual, audiovisual, textual, graphic, or software content integrated into MONAMEDIA services are protected by copyright and neighboring rights under the Intellectual Property Code or equivalent Monegasque legislation.
MONAMEDIA remains the holder of all proprietary rights attached to this content, whether developed in-house or provided by third parties. The User commits not to copy, adapt, reuse, or disseminate all or part of these elements without prior written authorization from MONAMEDIA.
Any proven infringement will result in immediate procedures for deletion, suspension of access to services, and, where applicable, legal proceedings.
13. Applicable Law and Jurisdiction
The present General Conditions, as well as all contracts to which they are attached, are governed by French law or, where applicable, by Monegasque law when the main contract has been concluded under the jurisdiction of Monaco.
In case of any dispute concerning the validity, execution, interpretation or termination of a contract, the parties undertake to seek primarily an amicable solution within thirty (30) days from the written notification of the dispute by one of the parties.
Failing an agreement, exclusive jurisdiction is given to the jurisdictions materially competent in the jurisdiction of MONAMEDIA's registered office, including in the case of multiple defendants or third-party claims, notwithstanding any conflicting clause.