GENERAL TERMS AND CONDITIONS OF REGISTRATION. OPERAGX CAMPAIGN × THE NODE.
PRÉAMBLE.
THE NODE SAS (“THE NODE”) is an agency specialising in connecting digital content creators with advertisers. As part of a partnership with Opera Norway AS, the developer and publisher of the OperaGX browser (hereinafter “the End Client”), THE NODE has opened a candidacy platform accessible at the address set out below (“the Platform”), designed to identify and select content creators likely to take part in promotional campaigns for OperaGX products. These General Terms and Conditions of Registration (the “GTCs”) govern the terms and conditions under which any content creator may submit an application via the Platform (the “Applicant”), as well as the conditions applicable in the event of selection and conclusion of a partnership with THE NODE for the promotion of the End Client’s Products.
REGISTRATION ON THE PLATFORM SHALL NOT CONSTITUTE A PROMISE OR COMMITMENT ON THE PART OF THE NODE TO ENTER INTO ANY PARTNERSHIP WITH THE APPLICANT. THE CONCLUSION OF A PARTNERSHIP BETWEEN THE PARTIES SHALL ONLY ARISE, WHERE APPLICABLE, FROM A PARTNERSHIP PROPOSAL ISSUED BY THE NODE FOLLOWING REVIEW OF THE APPLICANT’S APPLICATION.
ANY SUBMISSION OF AN APPLICATION FORM VIA THE PLATFORM SHALL CONSTITUTE THE APPLICANT’S FULL AND UNCONDITIONAL ACCEPTANCE OF THESE GTCs.
1. DEFINITIONS.
For the purposes of these GTCs, the following terms are defined as follows:
- “Applicant” means any natural person or legal entity that submits an application form via the Platform with a view to potential selection.
- “Content” means all publications, videos, live streams, stories, posts, visuals, comments and any other form of production created by the Creator in the context of a Mission.
- “Creator” means any Applicant who has been selected by THE NODE following the selection process, who has received a Partnership Proposal, and who has entered into a Partnership Agreement with THE NODE.
- “Deliverables” means the specific productions that the Creator undertakes to produce and publish in the context of the Mission, as detailed in the Partnership Agreement.
- “End Client” means Opera Norway AS, a company incorporated under Norwegian law with registered office at Vitaminveien 4, 0485 Oslo, Norway, THE NODE’s commercial partner.
- Mission” means the totality of the services that the selected Creator undertakes to provide under the Partnership Agreement on behalf of THE NODE for the benefit of the End Client.
- “OperaGX Products” means any product or service published by the End Client that may be the subject of commercial promotion by the Creator.
- “Partnership Agreement” means the individual contract entered into between THE NODE and the selected Creator, arising from the Creator’s acceptance of the Partnership Proposal and setting out the precise terms of the Mission entrusted to the Creator.
- “Partnership Proposal” means the formal document sent by THE NODE to the selected Applicant following review of the application, setting out the essential terms of the envisaged Mission, including in particular the nature and schedule of the expected Deliverables, the proposed Remuneration, and any particular conditions applicable to the campaign. The Partnership Proposal constitutes an offer to contract within the meaning of Article 1114 of the French Civil Code.
- “Party(ies)” means, in the singular, the Applicant/Creator (depending on the stage of the application process) or THE NODE and, in the plural, the Applicant/Creator and THE NODE.
- “Platform” means the application form and candidacy space accessible at tracker.thenode.gg/form/operagx.
- “Remuneration” means the financial consideration paid by THE NODE to the Creator in exchange for the performance of the Mission, the terms of which are set out in the Partnership Proposal.
2. ELIGIBILITY REQUIREMENTS FOR REGISTRATION.
2.1. General provisions.
Any content creator meeting the following cumulative conditions may submit an application on the Platform:
- Be a legal-aged natural person or a duly incorporated legal entity with full capacity to contract;
- Hold at least one active account on one of the following distribution platforms: YouTube, Twitch, TikTok, Instagram, X (formerly Twitter), or any other platform expressly accepted by THE NODE;
- Carry on a content creation activity connected with the world of video games, technology, esports, or any other domain designated by the Platform as relevant by THE NODE in light of the objectives of the OperaGX campaign;
- Not be subject to any legal or regulatory prohibition on contracting, of whatever nature.
2.2. Accuracy of declared information.
The Applicant represents and warrants that all information communicated via the Platform is accurate, complete, and up to date. Any false or inaccurate declaration may result in the Applicant’s immediate exclusion from the selection process at any time, without prejudice to any legal or extra-judicial action that THE NODE may bring against the Applicant.
2.3. Absence of conflicts of interest.
The Applicant declares that, at the time of the application, they are not bound by any contractual commitment, in particular an exclusivity arrangement or a non-compete clause, likely to prevent the performance of a Mission on behalf of THE NODE and/or the End Client. In particular, the Applicant declares that they are not contractually engaged with a direct competitor of the OperaGX Products for a similar service.
3. PROCESSUS D’INSCRIPTION ET DE SÉLECTION.
3.1. Submission of the application.
The Applicant submits their application by completing in full the form available on the Platform. This form includes in particular the communication of the Applicant’s identification information, audience statistics, and content creation credentials.
By submitting the application form and ticking the box dedicated to acceptance of the GTCs, the Applicant acknowledges having read, understood, and accepted these GTCs in their entirety, without restriction or reservation.
3.2. Non-binding nature of the application.
By express agreement between the Parties, the submission of an application form shall not in any case constitute acceptance of the Applicant into the partnership programme, a guarantee of any remuneration or consideration, or an obligation for THE NODE to respond to the application within a specified timeframe or to justify its decision in the event of rejection.
The Applicant acknowledges that THE NODE retains full and exclusive discretion in the process of selecting candidates who have submitted an application through the Platform.
3.3. Selection process.
THE NODE reviews applications according to criteria that are its own, including in particular: the consistency of the Applicant’s editorial line with the image of the OperaGX Products, the size and quality of the Applicant’s audience, the engagement rate, and any other commercial or qualitative criterion that THE NODE deems relevant to meet the End Client’s needs.
THE NODE RESERVES THE SOVEREIGN AND DISCRETIONARY RIGHT TO SELECT OR REJECT ANY APPLICATION, WITHOUT BEING REQUIRED TO GIVE REASONS FOR ITS DECISION TO THE REJECTED APPLICANT.
3.4. Notification of decision and transmission of the Partnership Proposal.
In the event of selection, THE NODE will contact the Applicant by any means it deems appropriate in order to send a Partnership Proposal setting out the scope of the envisaged Mission, including in particular:
- The terms and schedule of the Mission;
- The nature and volume of the Content and/or Deliverables expected;
- The proposed Remuneration;
- Any particular conditions applicable to the relevant Mission.
The Partnership Proposal shall be valid for a period of SEVEN (7) calendar days from its receipt by the Applicant, unless a different period is expressly stated in the relevant proposal. If no response is received from the Applicant within this period, the Partnership Proposal shall be deemed to have lapsed, without THE NODE being required to issue a new one.
The Partnership Agreement is formed upon the Applicant’s express and unconditional acceptance of the Partnership Proposal within the prescribed period, in accordance with the acceptance procedures set out in Article 8.1 of the GTCs.
Any acceptance made subject to reservations or proposed modifications by the Applicant shall constitute a counter-proposal and shall not give rise to the formation of a Partnership Agreement.
In any event, the absence of a response from THE NODE within a period of ( ) days following submission of the application shall constitute an implicit rejection thereof.
4. INTELLECTUAL PROPERTY AND APPLICATION.
The information, visuals, and any other elements transmitted by the Applicant via the Platform in the context of the application remain the Applicant’s exclusive property. However, the Applicant expressly authorises THE NODE to use these elements for the sole purposes of internally assessing the application, without such use constituting an assignment or commercial exploitation of the Applicant’s rights.
5. ACCURACY AND CONFIDENTIALITY OF TRANSMITTED INFORMATION.
The Applicant warrants the accuracy and sincerity of the information transmitted in the context of the application and acknowledges that such information is communicated to THE NODE on a confidential basis. THE NODE undertakes to treat this information with the same care it applies to its own confidential information, and not to disclose it to any unauthorised third party, except to the End Client where necessary in the context of the selection process.
This confidentiality obligation does not apply to information in the public domain or whose disclosure is required by a legally competent authority.
6. PERSONAL DATA PROTECTION.
The Applicant acknowledges, prior to submitting the application, having read, understood, and fully accepted the privacy policy attached to the use of the Platform and to the submission of the application to THE NODE, accessible at the following URL:
This acceptance is evidenced by ticking the dedicated box, which is a prerequisite for submitting the application, as the Applicant expressly acknowledges.
7. AMENDMENTS AND TERMINATION OF REGISTRATION.
THE NODE reserves the right to amend these GTCs at any time; such amendments shall apply to any application submitted and/or Partnership Agreement entered into after their publication. THE NODE also reserves the right to suspend or close the Platform at any time, without having to give reasons for its decision and without prior notice, without incurring any liability towards Applicants.
THE NODE expressly reserves the right to reject or exclude any application from any Applicant in the event of a breach of these GTCs, inaccurate declarations, or conduct contrary to the interests of THE NODE or the End Client.
Prior to notifying its decision, THE NODE also reserves the right to request additional information from the Applicant if it considers this necessary to review the application. The Applicant’s failure to provide the information requested by THE NODE within a reasonable period shall automatically result in rejection of the application, without any further formality being required.
8. TERMS OF THE PARTNERSHIP IN THE EVENT OF SELECTION.
The provisions of this Article constitute the standard terms applicable to the Partnership Agreement entered into between THE NODE and any selected Creator. These terms may be adapted and supplemented in each Partnership Proposal, detailing the specifics of the Mission entrusted to the Creator.
8.1. Formation and subject matter of the Partnership Agreement.
Subject matter. The Partnership Agreement is intended to define the conditions under which the Creator undertakes, as an independent contractor, to perform the Mission set out in the Partnership Proposal issued by THE NODE, on behalf of THE NODE and for the benefit of the End Client.
Formation. The Partnership Agreement is formed on the date on which the Creator accepts the Partnership Proposal in accordance with the procedures set out in Article 3.4 of these GTCs.
Electronic signature is expressly agreed between the Parties for the conclusion and performance of the Partnership Agreement. The Parties acknowledge that any electronic signature affixed by means of a reliable identification service is fully valid and constitutes evidence within the meaning of Articles 1366 and 1367 of the French Civil Code, with the same probative force as a written document on paper. The Parties undertake not to challenge the admissibility, enforceability, or probative value of the Partnership Agreement solely on the grounds that it was concluded and signed electronically.
Content. The Partnership Agreement is composed, in decreasing order of contractual weight, of the following documents:
- 1. The Partnership Proposal accepted by the Creator;
- 2. These GTCs, as in force on the date of acceptance of the Partnership Proposal.
These documents form an indivisible contractual whole and exclude any other document, regardless of its nature or origin, including any quotation, correspondence, general purchasing or selling conditions issued by the Creator.
In the event of any conflict or inconsistency between the provisions of these documents, the terms of the Partnership Proposal shall prevail over those of the GTCs. Such precedence shall be strictly limited to the subject matter of the identified conflict; all other provisions of these GTCs shall remain fully applicable.
8.2. Independent contractor status of the Creator.
The Creator performs the Mission as an independent contractor. The Parties expressly acknowledge that the Partnership Agreement shall not in any case give rise to a relationship of subordination, an employment contract, a partnership, or any other form of association between the Creator and THE NODE, this condition being an essential element of their consent to the Partnership Agreement.
The Creator remains entirely free to organise working time, subject to compliance with the Mission schedule. The Creator bears all risks related to their activity and remains solely responsible for their tax and social security obligations.
8.3. Obligations of the Creator.
Performance of the Mission. The Creator undertakes to perform the Mission, as described in the Partnership Proposal, with diligence and professionalism, and in compliance with the schedule agreed with THE NODE. The Creator must devote the time necessary to produce the Deliverables within the prescribed timeframes, it being specified that compliance with these timeframes constitutes an essential condition of the Partnership Agreement.
Quality of Content. The Creator is solely responsible for the Content published in the context of the Mission. The Creator declares that all rights necessary for distribution are held and warrants to THE NODE that no Content will be published that is contrary to applicable laws and regulations, that infringes the rights of third parties (including intellectual property rights), or that is defamatory, hateful, discriminatory, unlawful, or likely to damage the reputation of the End Client or THE NODE. Positive communication. The Creator undertakes to communicate in a positive and enthusiastic manner about the OperaGX Products to their community, in accordance with the editorial guidelines communicated by THE NODE.
Compliance with advertising regulations. The Creator is required to comply with all legal and regulatory obligations applicable to their activity and to commercial communications, in particular as regards the identification of sponsored content (mandatory advertising disclosure notices), pursuant to the applicable laws and regulations in the Creator’s country of establishment and, where the Creator is established in France or targeting a French audience, the provisions of Law No. 2023-451 of 9 June 2023 on commercial influence and influencer commercial practices.
Tax and social security obligations. The Creator undertakes to fulfil all taxes, levies, and social security contributions relating to their activity and to provide, at THE NODE’s request, any document evidencing the regularity of their legal, social, accounting and/or fiscal situation.
Prevention of artificially inflated metrics. The Creator is strictly prohibited from resorting to any artificial, automated, deceptive or fraudulent means likely to artificially inflate audience statistics, engagement rates, click rates, installation data, or any other performance metric so as to distort the promotion and/or visibility of the Content and Deliverables referred to in the Partnership Agreement.
Any breach by the Creator of this obligation shall result in termination of the Partnership Agreement for the Creator’s exclusive fault and shall result in the loss of any right to Remuneration, without prejudice to THE NODE’s right to bring any legal action to obtain full compensation for the resulting loss.
General conduct. Outside the strict performance of the Mission, the Creator undertakes to refrain from any public statement or conduct likely to damage the reputation of THE NODE, the End Client, or the OperaGX Products.
8.4. Obligations of THE NODE.
THE NODE undertakes to provide the Creator with all information, briefs, visuals, and resources necessary for the performance of the Mission or which it considers relevant to the performance thereof. THE NODE also undertakes to maintain close cooperation with the Creator and to collaborate in the proper execution of the Mission.
THE NODE further undertakes to pay the agreed Remuneration under the conditions set out in Article 8.5 hereof.
8.5. Remuneration and invoicing.
Amount. The Remuneration due to the Creator in consideration for the performance of the Mission is set out in the Partnership Proposal issued by THE NODE following the Applicant’s submission. VAT, where applicable, shall be invoiced in addition by the Creator in accordance with the applicable regulations.
Pre-conditions for invoicing. The Creator may only issue an invoice upon full completion of the Mission, evidenced by delivery of all Deliverables and Content as set out in the Partnership Proposal, and after having communicated to THE NODE the following cumulative elements:
- Proof of publication of each piece of Content and/or Deliverable (screenshots, publication links, video recordings, etc.);
- Performance statistics for the Content and/or Deliverables (audience data, engagement rates, etc.) in accordance with THE NODE’s instructions.
Invoicing process. Once the above conditions have been met, THE NODE shall send the Creator a purchase order, the reference of which must appear on the invoice issued by the Creator. THE NODE undertakes to make payment within SIXTY (60) calendar days of receipt of the corresponding invoice, via the Tipalti platform or any other means of payment agreed between the parties.
No reimbursement of expenses. Unless expressly stated otherwise in the Partnership Proposal, THE NODE shall not bear any costs incurred by the Creator in the performance of the Mission; each Party shall bear its own expenses.
8.6. Intellectual property.
End Client’s distinctive signs. Upon formation of a Partnership Agreement between the Parties, the Creator is expressly authorised to use the intellectual property elements and other distinctive signs belonging to the End Client for the sole and exclusive purpose of performing the Mission, and only for the duration of the Partnership Agreement.
Creator’s rights. The Content and Deliverables produced by the Creator in the context of the Mission remain the Creator’s property, subject to the rights granted to THE NODE and the End Client under the Partnership Agreement.
Grant of rights. In consideration of the Remuneration, the Creator grants THE NODE, for the duration set out in the Partnership Agreement, a non-exclusive right of use over the Content and Deliverables for the purposes of communicating and promoting the OperaGX Products, in accordance with the terms set out in the Partnership Proposal.
End Client’s intellectual property. The Creator acknowledges that the OperaGX Products, trademarks, logos, and all intellectual property elements belonging to the End Client remain the exclusive property of the End Client. The Creator is prohibited from making any use of these elements outside the framework strictly defined by THE NODE and set out in this Article.
Reference communication. The Creator expressly authorises THE NODE to refer to the Creator’s name and productions in THE NODE’s own communications and commercial presentation materials for any purpose directly or indirectly related to the Partnership Agreement.
8.7. Confidentiality
The Creator undertakes to treat as strictly confidential all information brought to the Creator’s knowledge in the context of the Partnership Agreement, including the financial terms thereof, and not to disclose it to third parties without THE NODE’s prior written consent.
This obligation shall survive the end of the Partnership Agreement for a period of THREE (3) years from the date of its termination, regardless of the cause of termination.
8.8. Liability.
Creator’s liability. The Creator is solely liable for the Content and Deliverables published and for any direct or indirect damage caused to third parties. In the event that THE NODE or the End Client incurs liability as a result of the Creator’s conduct or publications, the Creator undertakes to indemnify them and to guarantee THE NODE reimbursement of all costs, including legal fees, incurred in connection with its defence.
THE NODE’s liability. THE NODE shall not be held liable for the conditions under which the Creator performs the Mission. In the event that the Creator incurs liability as a result of THE NODE’s conduct, THE NODE undertakes reciprocally to indemnify the Creator under the same conditions as those described in the preceding paragraph.
8.9. Term and termination of the Partnership Agreement.
The Partnership Agreement enters into force on the date of the Creator’s acceptance of the Partnership Proposal and ends upon full performance of the Mission as defined in the said Proposal.
Either Party may terminate the Partnership Agreement in the event of a material breach by the other Party of its obligations as set out in these GTCs and/or in the Partnership Proposal, upon expiry of a period of THREE (3) business days from the sending of a notice to remedy such breach that has remained unsuccessful, without any further formality being required of the non-defaulting Party.
8.10. Intuitu personae character — Non-assignability.
The Partnership Agreement is entered into in consideration of the personal qualities and reputation of the Creator. The Creator may not, under any circumstances, assign, transfer, or subcontract all or part of the Creator’s rights and obligations without THE NODE’s prior written consent.
9. DISPOSITIONS GÉNÉRALES.
9.1. Severability.
If any provision of these GTCs and/or the Partnership Agreement is declared null, illegal or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The Parties shall endeavour in good faith to agree on a replacement provision consistent with their common intention.
9.2. Entire agreement.
These GTCs constitute the general framework governing the relationship between THE NODE and the Applicant at the application stage and, together with the Partnership Agreement, constitute the entirety of the Parties’ commitments in the event of selection.
9.3. Amendments to the GTCs.
THE NODE reserves the right to amend these GTCs at any time. Amendments take effect from their publication on the Platform and apply to any application submitted and/or Partnership Agreement entered into after that date.
9.4. Waiver.
THE NODE’s failure to invoke a breach of these GTCs or of the Partnership Agreement by a Creator shall not be construed as a waiver of the right to invoke any subsequent breach.
10. GOVERNING LAW AND JURISDICTION.
These GTCs, the Partnership Proposal, and the Partnership Agreement are exclusively governed by and construed in accordance with French law.
Any dispute relating to the negotiation, formation, interpretation, validity, performance, or termination for whatever cause of the GTCs or any Partnership Agreement concluded pursuant thereto shall be submitted to the exclusive jurisdiction of the Commercial Court of Montpellier (Tribunal de commerce de Montpellier).