[quote]Now here's where we enter really sketchy territory: Ars Technica tracked down a copy of Machinima's contract for the promotion, and there's one line that stands out: "You may not say anything negative or disparaging about Machinima, Xbox One or any of its Games in your Campaign Video."
In other words, this isn't just a simple money-for-coverage swap—Machinima's YouTube personalities, who presumably want their audiences to trust and listen to what they have to say, are actually taking money in exchange for positive coverage.[/quote][quote]What's more, these YouTubers can't even be transparent about this arrangement, according to the contract:
[i]You agree to keep confidential at all times all matters relating to this Agreement including, without limitation, the Promotional Requirements, and the CPM Compensation, listed above. You understand that You may not post a copy of this Agreement or any terms thereof online or share them with any third party (other than a legal or financial representative). You agree that You have read the Nondisclosure Agreement (attached hereto and marked as Exhibit "A") and You understand and agree to all of terms of the Nondisclosure Agreement, which is incorporated as part of this Agreement.[/i][/quote]
[url]http://www.pcworld.com/article/2089245/microsoft-paying-youtube-personalities-for-positive-xbox-one-endorsements.html[/url]
[quote]Ars Technica uncovered a similar Microsoft/Machinima promotion from November of last year (when the Xbox One launched). With YouTube a growing force in games coverage, it's naive to think that such things won't happen again. [b]Still, the tactic is questionably legal. Under FTC rules, bloggers are supposed to make it clear which posts are paid endorsements—a condition that was potentially violated here.[/b][/quote]Meh. I wish someone would tell Microsoft and Machinima that this kind of stuff hurts them more than it helps them. What's so hard about doing normal advertisements? Or just disclosing the endorsements in the first place? Thoughts on all this?
More links: [url]http://www.neogaf.com/forum/showthread.php?t=754946[/url]
*** Update for those interested (since the thread keeps getting bumped)***
[url]http://www.ign.com/articles/2014/01/21/report-microsoft-paying-youtubers-for-positive-xbox-one-coverage[/url]
Machinima Responds:
[quote]"This partnership between Machinima and Microsoft was a typical marketing partnership to promote Xbox One in December. The Xbox team does not review any specific content or provide feedback on content. Any confidentiality provisions, terms or other guidelines are standard documents provided by Machinima. For clarity, confidentiality relates to the agreements themselves, not the existence of the promotion."[/quote]Doesn't really match up to what the NDA's say which is found [url=http://abload.de/img/bonemachinimasbk9m.png]here.[/url] So take from that what you will.
Microsoft responds:
[quote]"Microsoft was not aware of individual contracts Machinima had with their content providers as part of this promotion and we didn’t provide feedback on any of the videos. We have asked Machinima to not post any additional Xbox One content as part of this media buy and [b]we have asked them to add disclaimers to the videos that were part of this program indicating they were part of paid advertising.[/b]"[/quote] Perfect. All anybody was asking for.
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Edited by David: 1/21/2014 4:52:44 AMPeople do realize what they're doing is illegal, right? Edit: [quote]That's not the case, however. According to a leaked copy of the full legal agreement behind the promotion, video creators "may not say anything negative or disparaging about Machinima, Xbox One, or any of its Games" and must keep the details of the promotional agreement confidential in order to qualify for payment. In other words, to get the money, video makers have to speak positively (or at least neutrally) about the Xbox One, [b]and they can't say they're being paid to do so.[/b][/quote] via http://arstechnica.com/gaming/2014/01/stealth-marketing-microsoft-paying-youtubers-for-xbox-one-mentions/ FTC guideline: [quote]§ 255.5 Disclosure of material connections. [b]When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed. [/b][/quote]