CONTENT CREATOR ADDITIONAL TERMS
Last Date of Revision: April 2022
If you are a Content Creator, the following terms and conditions apply to your use of the Service in addition to the Terms of Service Capitalized terms not defined herein will have the meaning ascribed to them in the Terms of Service. In these Content Creator Additional Terms, “you” refers to each Content Creator.
Content Creator Page. Content Creators can set up a Content Creator Page; for more information on how to set up a Content Creator Page, see the Content Creator support page.
Orders, Products and Funding:
Orders. Amplifyd will issue each Order to Content Creator on behalf of Fans, and will provide the applicable Fan’s name and contact information, the nature and number of Products ordered, the Fan location where the Products should be sent, and any other specific requirements for the Order. Each Order issued to Content Creator will be deemed accepted by Content Creator if Content Creator does not notify Amplifyd in writing that such Order is rejected within forty- eight (48) hours. Content Creator will provide accurate and updated inventory information for all Products. Amplifyd in its sole discretion will decide whether to feature a Product on the Content Creator Page and can at any time remove a Product and the related Content Creator Content therefrom. Amplifyd will use commercially reasonable efforts to notify Content Creator of such removal and the reasons therefor.
Fulfillment. You will promptly fulfill all accepted Orders in accordance with this Agreement and in accordance with the applicable Content Creator Policies (except for downloads of Digital Content, which will be enabled by Amplifyd). Without limiting any obligation of Content Creator hereunder, if Content Creator is unable to timely fulfill any Order it will provide prompt written notice thereof to Amplifyd via support@amplifyd.com. Content Creator will be responsible for fulfilling Orders, including: (i) packaging any applicable Product in a commercially reasonable manner and in compliance with all applicable Laws and the Content Creator Policies; (ii) shipping each Product on or before its expected ship date to the applicable Fan; (iii) providing an Order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Products; and (iv) identifying Content Creator as the seller of each Product on all packing slips or other information included or provided in connection with Products.
Content Creator Policies. Content Creator must publicly display all Content Creator Policies, which will include policies governing shipping or delivery of Orders, Order rejection or cancellation, refunds, exchanges and returns for Products, Event-specific policies and terms (if applicable), Promotion-specific policies and terms (if applicable), auction-specific policies and terms, age limits (if applicable), and Product warranties. The Content Creator Policies must comply with all Laws, including any disclosures required by Laws or minimum terms or guarantees required by Law. Content Creator will fully comply with its respective Content Creator Policies. Content Creator will promptly update any Content Creator Content and Content Creator Policies as necessary to ensure it at all times remains up-to-date, accurate and complete regarding all Orders.
Prices. Content Creator is free to set the prices for any Product (including Funding amounts and increments), provided that it clearly discloses all pricing, including shipping and other ancillary costs (as applicable), on its Content Creator Page. Notwithstanding anything to the contrary, Content Creator must honor the stated price for each Product in effect as of the time that the Order was placed by a Fan.
Support. Any support requests to Amplifyd from Fans regarding an Order, Product, Content Creator Content or Funding will be forwarded to Content Creator, and Content Creator will appropriately respond to all such support requests. Content Creator will respond to all support requests and communications reasonably promptly, but in any event within seven (7) days of receipt thereof. As requested by Amplifyd, provide support contact information, escalation procedures, and any other support-related information to Amplifyd for all Products, Content Creator Content, and Funding. Content Creator will use commercially reasonable efforts to provide all cooperation, information and materials reasonably requested by Amplifyd in connection with the marketing, sale and offering of the Products and Funding.
Products. Content Creator can only offer or advertise Products or sell or provide Products on or via the Service that comply with the Terms of Service and Law. Amplifyd in its sole discretion will decide whether to list a Product on the Service and can at any time remove a Product and the related content therefrom, or request that Content Creator do the same or modify any such content or description of a Product, and Content Creator must promptly comply with all such request. Amplifyd will use commercially reasonable efforts to notify Content Creator of such removal and the reasons therefor. Content Creator represents, warrants and covenants that it has and will maintain all rights, consents, licenses and any other authorizations (including third party clearances, rights, licenses, permissions, consents, releases and the like (each, a “Consent”)) necessary to permit the posting, distributing, display, offering, sale, use, licensing, viewing, streaming, download, storage, and access of the Products (including all Digital Content) and all elements thereof by Amplifyd and Users as contemplated hereunder and in the Terms of Service, and that no fee, compensation or any other payment whatsoever will ever be payable by Amplifyd or a User for any Products to any third party. Content Creator shall provide all such Consents to Amplifyd upon Amplifyd’s request. Without limiting the foregoing, Content Creator is responsible for securing all Consents and/or paying all fees or costs owed by Content Creator to any third party in connection with any Product.
Events. Content Creator can only offer or advertise Events or sell or provide access thereto on or via the Service that comply with the Terms of Service and Law. Amplifyd in its sole discretion will decide whether to list an Event on the Service and can at any time remove an Event and the related content therefrom, or request that Content Creator do the same or modify any such content or description of an Event, and Content Creator must promptly comply with all such request. Amplifyd will use commercially reasonable efforts to notify Content Creator of such removal or non-listing and the reasons therefor.
Funding. Funding will only be permitted to advertise Projects and solicit Funding for Projects that comply with the Terms of Service and Law. Amplifyd reserves the right to determine which Projects are eligible for Funding. Amplifyd may, at our sole discretion, restrict or limit any Funding for any Project. Amplifyd retains the right to cancel or restrict any Project on the Service, or request that Content Creator do the same or modify any such content or description of a Project, and Content Creator must promptly comply with all such request. Amplifyd will use commercially reasonable efforts to notify Content Creator of such restriction, cancellation or removal and the reasons therefor.
Promotions. Content Creator can only promote or advertise Promotions or administer Promotions on or via the Service that comply with the Terms of Service and the Law. Content Creators are solely responsible for ensuring that the Promotion complies with all Laws, including (i) posting Official Rules to govern each Promotion and (ii) registering and bonding any Promotions, as required. The Official Rules for each Promotion must include a complete release of Amplifyd by each entrant or participant and an acknowledgement that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Amplifyd. Content Creators administer Promotions on their Content Creator Page at their own risk. Amplifyd can at any time remove a proposed Promotion and the related content therefrom, or request that Content Creator do the same, and Content Creator must promptly comply with all such request.
Refunds, Returns, Exchanges. All requests for returns, adjustments, exchanges, cancellations and refunds will be managed by Content Creator; Amplifyd will forward all such requests or inquires thereto to Content Creator promptly after receipt from a Fan, if received. Content Creator will honor such requests in compliance with the Content Creator Policies and Law. Content Creator will promptly process and fulfill all returns, cancellations, adjustments, exchanges and refunds in compliance with the Content Creator Policies and Law. All related payments to Fans will be transmitted pursuant to Section 4.
Fans. Content Creators are expected to abide by all Terms of Service when interacting with Fans in any manner, including on the Service or in person. Content Creators may not use Fan data for any unauthorized purpose, including but not limited to using contact information or other personally identifiable information for the purposes of sending unsolicited communications. Any and all use of Fan data by Content Creators must comply with the Terms of Service. Content Creators should be aware that the Service intended only for users over the age of 18, and as such they should not in any way endorse, encourage, recommend or suggest Fan account creation or use by minors.
Payment and Commission.
Payment Processing. Amplifyd will and has the sole right to collect and process all payments from Fans to Content Creators for Orders on Content Creator’s behalf; Amplifyd will remit such payments to Content Creator pursuant to this Section 4. Content Creator hereby authorizes Amplifyd to act as Content Creator’s agent for purposes of receiving payments from Fans and processing payments, refunds and adjustments. Amplifyd may use third party payment processors in connection therewith. Amplifyd is not required to take any actions beyond charging the Fan pursuant to the payment mechanism on the Service or to initiate any collections proceedings against a Fan that has failed to pay the Order Price. Fans satisfy their payment obligations to Content Creator when Amplifyd receives the applicable payment in connection with such Order.
Content Creator Fees. For each Order, Amplifyd will remit to Content Creator all amounts actually received by Amplifyd from Fans for Orders or the Funding amount (“Gross Sales”), less (i) applicable taxes or other amounts as may be required under Law to be collected by Amplifyd and (ii) the applicable Amplifyd Commission (as defined below) for each Order (the net amount, the “Content Creator Fee”). Prior to such remittance, Amplifyd will hold the Content Creator Fees in an account; Content Creator will not be owed any interest during such time. Amplifyd will transmit to Content Creator all Content Creator Fees to Content Creator’s account on the designated Payment Processor created or linked to using the information provided on the Content Creator’s account on the Site, promptly following receipt of the corresponding Order Price from Fans (or for Funding, promptly after the posted goal for the Project is met). If such a transfer is returned from the applicable account due to no fault of Amplifyd, Amplifyd will notify Content Creator of such return and the parties will mutually agree to an alternate payment method, and such failure to pay prior to such mutual agreement will not be considered an event of default or breach of this Agreement. The Content Creator Fees will be transmitted in the currency in which the Order is placed. Remittance of Content Creator Fees will not be deemed acceptance of the Products or waive any of Amplifyd’s or a Fan’s rights or remedies under these Terms of Service or Law. Amplifyd reserves the right to deduct or offset any amounts owed by Content Creator to Amplifyd hereunder from any amounts owed by Amplifyd to Content Creator hereunder. Content Creator will be responsible for all taxes associated with Orders and that are not required under Law to be collected by Amplifyd, other than taxes based on Amplifyd’s net income.
Commission. Amplifyd will retain ten percent (10%) of the Net Sales (the “Amplifyd Commission”). “Net Sales” means the Gross Sales, minus any shipping fees and taxes for each Order or Funding amount actually paid to Amplifyd from a Fan.
Refunds, Returns. Content Creator will transmit all payments to Fans for any refunds, exchanges, returns, or adjustments in compliance with the Content Creator Policies. All such payments will be transmitted to Amplifyd by Content Creator via the designated Payment Processor, and Content Creator will immediately inform Amplifyd of all such transmissions via support@amplifyd.com, the Order details, and the applicable Fan. Amplifyd will remit such payments to the applicable Fan via the designated Payment Processor.
Permissions. To the extent possible via Content Creator’s account management page on the Service, Content Creator may designate certain users to be granted access to their account on the Platform (“Administrative Users”). Administrative Users will have the permissions to act on behalf of the Content Creator. Content Creator is solely responsible for, and will be solely liable for, all uses of accounts linked to its Authorized Users’ login credentials (whether or not authorized) and its and their use of the Service, and for ensuring that all Authorized Users’ use of the Platform complies with these Terms of Service. More information regarding the permissions and authority of Administrative Users and the authorization procedures is available at the Authorized Users support page.
Limited Trademark License. Subject to the terms and conditions of the Terms of Service and these Content Creator Additional Terms, Amplifyd hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, license to use the Amplifyd Trademarks solely to promote your Content Creator Page. Unless we give explicit written prior permission, you may not copy, reproduce, distribute, display, modify, creative derivative works of or otherwise the Amplifyd Trademarks. Your use of the Amplifyd Trademarks must conform to our Brand Guidelines You must ensure that all use of the Amplifyd Trademarks is in the form in which they are registered (to the extent applicable) and includes all required trademark markings and notices (e.g., ™ or ®) or that we request in writing to be used. Your use of the Amplifyd Trademarks must comply with all Laws. You may not use any of the Amplifyd Trademarks in any manner that disparages us, the Service, or any other products, services or offerings of Amplifyd, or in any manner that does or could reasonably be expected to harm the goodwill associated with any of the Amplifyd Trademarks. You must immediately modify any use of the Amplifyd Trademarks, and/or remove and/or cease all use of the Amplifyd Trademarks, upon our request at any time, even after your account has ended.
Conflict. In the event of any conflict between these Content Creator Additional Terms and any written agreement validly entered into between you and Amplifyd, such written agreement shall govern solely with respect to such conflicting subject matter.
Indemnity. You agree to defend, indemnify, and hold harmless the Amplifyd Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms of Services (including these Content Creator Additional Terms), (b) your access to, use or misuse of the Service, (c) any Content Creator Content, (d) any Products (including, without limitation, any Digital Content or any Funding), and (e) any dispute with any Fan or other user of this Service. Amplifyd reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting Amplifyd’s defense of such matter. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.