All merchants need to maintain a process that enables any person depicted in the content to appeal to remove such content, and to have the content removed should the outcome of the investigation determine that consent was not given or is void under applicable law. Please also note that should there be a disagreement regarding an appeal, the merchants must allow such disagreement to be resolved by a neutral body so any potential statements contradicting this will need to be reworded or removed. Please ensure that the website details the Appeal procedure.
If a merchant allows a third-party user (“content provider”) to upload or generate content, including real-time/live streaming content, the merchant must enter into a written agreement with each content provider. If a merchant is a producer of all content on the website (meaning there is no user/third-party uploaded content), the merchant must sign a model release form with each individual depicted in the content. A copy of this document (content agreement or model release form) is required from all such merchants during the onboarding process. This copy refers to a draft version of what the content providers/models have/will sign, the merchant need not provide each agreement that content providers/models have entered into.
The Content Agreement Must: