no , you wont get banned the beta hasnt started yet

Well you are techically playing pre-release, they have the means to ban both your console and your profile.

But since its a beta and theres no purchase necessary in most cases, I don't know. I'll look through the code of conduct for you.

I don't think so.

But when -Ant- Replys again I hope he has got the right answer

Because if you can get banned I am not using it

Hopefully Not I Was On The GOW 3 Beta Like 10 Times And Havent Got Banned But Not Sure If U Will Or Not

im just worried ill get banned and i really dont want to
but i was curios about it

i hope not, i just brought a brand new slim xbox and i don't want that getting banned.

Microsoft's code of conduct is very vague but I found this:

Dont make unauthorized modifications to your account profile or its contents.

Now, this would normally be used for modding avatar/gamerscore/gamertag etc.

But with the Gears 3 launcher you are injecting a downloader onto your xbox to start the download.

This may seem to have no relevance to your profile however the download will register to your profile and be in your download history which microsoft can see.

I don't personally know if they will ban, but you are certainly running a risk as with any modding.

Highly doubt you get banned because it's not started,But i'd would say both would get banned but i don't think you will .

here's an easy idea...don't hop on the beta launcher. plus, the beta isn't live, so you can't even play it. just wait until it actually starts, which is in mid-April.