APPENDIX B TO THE TERMS AND CONDITIONS OF SERVICE
AFFILIATE AND REFERRAL TERMS
Any undefined terms in this Appendix shall have the meaning given to them in the Terms
- License to Promotional Items. All Community Members who are currently in compliance with the Terms are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Platform's name, access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by the Company in writing ("Promotional Items"), for use on site(s) or accounts owned by such Community Members ("Referral Sites"). The Promotional Items are licensed to eligible Community Members for the limited purposes of advertising, marketing and promoting the Platform. Any and all licenses granted to Community Members pursuant to the Terms shall immediately cease and revert to us upon the termination or cancellation of the Term. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the Terms and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Company and/or the Company's licensor(s).
- Keywords; Domain Names. Notwithstanding the foregoing license to use the names of the Platform in connection with referring traffic to the Platform, you are not, as a part of this license, permitted to (i) bid on, purchase or otherwise register/use "Chaturbate," "chaturbate.com," or any other similar spelling, or use same in connection with the words "Official," "Officially" or "Official Site" as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; use the Platform name in association with any similar or competing website or service; or (ii) register any domain name which incorporates or is a "misspelling" or variation of "Chaturbate." You agree that in the event you violate any part of this section of the Terms, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to the Company as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible Community Members will be permitted to use any website domain name they choose in connection with promoting the Platform, so long as such website domain name(s) registered does not infringe on our or any third party's intellectual property rights, or defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
- Restrictions. You are prohibited from using any images, videos, text, script(s), applications, logos and functional elements appearing on a Referral Sites, to which you do not have all legal rights, free from any and all encumbrances and third-party claims. For the avoidance of doubt, our provision of live content through the Platform's affiliate API, iFrames, or any other means only authorizes you to use such live content for promotion of Independent Broadcasters who are currently online and broadcasting and does not provide you with the right to store the provided content for display after the Independent Broadcasters who created such content have ended their live stream of such content on the Platform. You acknowledge and understand that you should only store an Independent Broadcaster's content, for promotion of the Platform or otherwise, if you have express permission to do so directly from such Independent Broadcaster. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Platform. You understand and agree that if you advertise on any service or provider that does not permit such advertising, your account will be terminated without notice and without payment or liability. Furthermore, you acknowledge and agree that we may, at any time, review the contents of any Referral Site and disapprove of any material thereon that might, in our sole discretion, reflect negatively upon the Platform. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.
- No Cam Clip Sites. We do not permit promotion of the Platform through a Cam Clip Site. As used herein, a "Cam Clip Site" shall mean any website comprised substantially of video clips recorded from live cam shows, whether recorded from the Platform or one of the Platform's competitors, even if you have permission to use such video clips from all parties who might claim an exclusive right to the video clips.
- No Email or Telephone Marketing. We do not permit promotion of the Platform by email or telephone marketing, including by way of example, through use of SMS or MMS. You acknowledge and agree that any email or telephone marketing by you will be grounds for immediate termination of your account without payment.
- Compliance with Applicable Laws and Data Privacy Regulations. You will comply with all applicable laws in your jurisdiction and those jurisdictions in which you are providing marketing activity. Compliance includes without limitation, your adherence to all email marketing, consumer protection and data privacy laws applicable to your activities. You will indemnify us for all claims, losses and liabilities relating to or arising out of your violation of this section.
- User Referral Link. Each Community Member shall be assigned one or more unique URLs (each a "User Referral Link") that must be used when referring new users in order to connect such new users to the Community Member who referred them. Your User Referral Links can be found on the "My Profile" page under the "Share" tab. You acknowledge and agree that we are not obligated to pay any commissions to you for any new user signups or spending that did not directly result from clicking on your User Referral Links.
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Commissions on User Spending. In order to receive
commissions in connection with users referred by you, you must first provide age verification
documentation to show that you are at least the Age of Majority. The Company will compensate eligible
Community Members, subject to the terms of this Appendix B in all respects, a commission for certain
types of referrals generated by such eligible Community Members, as set forth in further detail below:
- Definition of Adjusted Gross Receipts. As used herein, "Adjusted Gross Receipts" means gross payments received from a subject user, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such subject user by us to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to the subject user.
- Paying User Referrals. As used herein, a "Referred User" means an Internet user who creates a new Chaturbate user account as a result of clicking an existing Community Member's User Referral Link but not as a result of being encouraged, directed, or in any way assisted, directly or indirectly, to create a new account in order to redirect amounts which may be owed to another Community Member. Eligible Community Members will receive a commission equal to 20% of Adjusted Gross Receipts paid by each of their Referred Users to the Platform. A Referred User will not include any user who was previously banned from the Platform and who is attempting to access it using different credentials.
- Paying Sub-Referrals. Eligible Community Members will receive a commission equal to 5% of the amount of commissions paid to their Referred Users for payments received from Internet users who create new Chaturbate User accounts using the Referred user's User Referral Link.
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Performing User Referrals. As used herein, a "Referred Independent Broadcaster"
means an internet user who creates a new user account by clicking on an existing Community
Member's User Referral Link and who verifies the account for purposes of collecting
payment by completing the Platform's age verification process. Eligible Community Members will
receive a one-time Fifty Dollar (USD $50.00) commission for each of their Referred Independent
Broadcasters who subsequently earns a minimum amount that we will establish, from time to time,
in our sole discretion. Studio accounts are not eligible for model referral commissions.
We reserve the right to modify these amounts at any time without further notice to you.
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Commissions on Number of Signups; Countries and Tiers.
Certain Community Members may be eligible for commissions based on the number of Internet users
who create an account with the Platform after being referred by a current Chaturbate Community
Member. The amount of commission will depend upon the country in which the referred Internet
user resides, as described more fully below. As applicable, a commission of One U.S. Dollar (US
$1.00) will be paid for Referred Users from a Tier 1 country, Ten U.S. Cents (US $0.10) for
Referred Users from a Tier 2 country, and One U.S. Cent (US $0.01) for Referred Users from a
Tier 3 country.
We reserve the right to modify these amounts at any time without further notice to you.- No commission will be paid for a Referred User residing in a country not found in Tier 1, Tier 2, or Tier 3 below.
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The following countries have been assigned to their respective Tiers as indicated below.
We reserve the
right to modify the countries belonging to each tier at any time without further notice
to you.
- Tier 1:
- Tier 2:
- Tier 3:
- Commission Payouts. Periods for eligible Community Members to accumulate commissions run from the 1st through the 15th and the 16th through the 31st day of each month. Commission payments will be made to eligible Community Members within seven days after each period is closed. In the event that you accumulate a commission, you will not be entitled to receive payment, nor shall the Company be liable for any such payment, unless and until the total amount of accumulated funds associated with your account exceeds Fifty U.S. Dollars (USD $50.00). In order to receive cash commissions, you may be required to complete a one-time claim form, which might include submission of your legal name, a copy of your government-issued photo identification, mailing address, birth date, telephone number, social security number and a selection of a preferred payment method. In addition, depending on the amount of commissions accumulated, you might be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability release, an IRS Form W-9 and provide any additional information as may be required by the Company. Failure to provide any requested information may result in forfeiture of any unpaid commissions. We reserve the right to charge a $10.00 payment reissue fee for replacing lost or misplaced payments that had previously been issued; this fee is assessed at time of reissue.
- Invalid Referrals. You acknowledge and agree that you shall not be entitled to any compensation from the Company for any referral if the Company determines or believes, in the Company's sole discretion, that such referral is the result of possibly fraudulent activity or any violation of this Appendix B or any other part of the Terms.
- CALIFORNIA-BASED COMMUNITY MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF CALIFORNIA ASSEMBLY BILL 5 ("AB5") AND ITS REQUIREMENTS FOR CLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS. GIVEN THAT YOU, IN PROMOTING THE PLATFORM, ARE ENGAGED IN AN INDEPENDENT BUSINESS SEPARATE FROM COMPANY'S CORE BUSINESS OF OPERATING A SOFTWARE PLATFORM, ARE AT ALL TIMES FREE FROM THE COMPANY'S CONTROL IN PROMOTING THE PLATFORM (SUBJECT ONLY TO THE RULES AND STANDARDS IN PLACE TO ENSURE COMPLIANCE WITH LAW), AND ARE AT ALL TIMES FREE TO PROMOTE OTHER WEBSITES OR PLATFORMS, YOU AGREE THAT, UNDER THE CRITERIA OF AB5, YOU ARE NOT AN EMPLOYEE OF THE COMPANY AND AFFIRMATIVELY STATE THAT IT IS YOUR PREFERENCE TO BE CLASSIFIED AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COMPANY.
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