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Influencer Bounty Order

Last Updated: Jan 18, 2019 12:39PM PST
 

Influencer Bounty Order

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This Bounty Order is governed by the (i) Influencer Terms and Conditions attached hereto as Exhibit A and (ii) Bounty Board Service Terms of Use (the “Terms of Use”), both of which are fully incorporated into this Bounty Order. All capitalized terms not defined in this Bounty Order have the respective meanings set forth in the Terms of Use.

By accepting this Bounty Order, you, as the Influencer, accept and agree to be bound by and comply with the terms as set forth herein. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCEPT THE BOUNTY ORDER. If you are accepting the Bounty Order on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to the terms of this Bounty Order.

Bounty Requirements

  • Influencer is a party to a Content License Agreement (“Agreement”) with Twitch.
  • Influencer agrees to provide the services as set forth in the Bounty. As compensation for the services, Twitch will pay Influencer in accordance with the terms set forth in the Bounty. Payments by Twitch to Influencer are based on certain concurrent user (“CCU”) requirements being met. If Influencer does not meet the CCU requirements as set forth in the Bounty, Influencer will receive a pro rata portion of the Compensation. In addition, if Influencer does not meet the Minimum Bar as defined above, then no portion of the Compensation will be payable to Influencer.
  • Title of the broadcast related to the Bounty will state any relationship with the Bounty Partner as instructed by Twitch: i.e. "Ad Content of X", "Paid Advertisement of X" or "#sponsored".
  • Influencer to save a VOD of the broadcast as a highlight to their Twitch channel.
  • If applicable, Influencer to post on social media accounts/tweet at the start of the broadcast to raise awareness for the Bounty. These posts/tweets and any subsequent posts in connection with the Bounty must contain “#sponsored”.
  • •Influencer shall not commit any act or make any statement that disparages Twitch, Bounty Partner, or their respective products/services, or brings Twitch or the Bounty Partner disrepute, contempt, scandal, or ridicule for the Bounty Period and six (6) months thereafter. Twitch may immediately take down, or request the take down of, any Influencer content that violates this section and Influencer shall cooperate with Twitch to execute such takedowns.
  • If Influencer fails to comply with any of the above Bounty requirements, Twitch may at its discretion immediately terminate this Bounty Order and disqualify the influencer from participating in future Bounties.

Exhibit A


Influencer Terms and Conditions

This Exhibit A is made a part of the Bounty Order to which it is attached, and the Agreement to which the Influencer is a party.

1. Licenses and Release

1.1. Influencer Trademark and Copyright License. Influencer hereby grants Twitch and the Bounty Partner of each particular accepted Bounty Order a royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use and display any trademark, service mark, trade dress, trade name, or logo (“Marks”) and reproduce, distribute, publicly display or perform, or make derivative works of any copyrighted materials (“Materials”) belonging to Influencer and specified for use by Influencer for use in connection with the particular accepted Bounty Order. Without limiting the foregoing, all use by Twitch or the Bounty Partner of the Influencer’s Marks shall be in accordance with Influencer’s usage guidelines that have been delivered or made available to Twitch prior to the date of such use. Influencer may provide in writing an updated version of its usage guidelines and Twitch shall make commercially reasonable efforts to alter, modify or change any Influencer’s Marks being used by Twitch or Bounty Partner in accordance with such request as soon as reasonably practical. Any such use of Influencer’s Marks will inure solely to Influencer’s benefit. Nothing contained herein or in the Agreement gives Twitch or Bounty Partner any right, title or interest in the Influencer’s Marks or goodwill therein and thereto, or in any Materials, except as expressly provided in this Section. For avoidance of doubt, nothing in this Section shall be construed to limit any rights with respect to Influencer’s Marks or Materials that Twitch or Bounty Partner would have as a member of the general public.

1.2. Influencer Release. Influencer agrees that Twitch or Bounty Partner of an accepted Bounty Order may use Influencer’s name, voice, signature, likeness, identity, persona or any biographical material concerning Influencer in promotion, advertising, sale, publicizing and exploitation, including ancillary products (e.g., merchandise) in connection with the Bounty and Bounty Partner’s products and services, throughout the world in all media, and in perpetuity. Influencer agrees that Twitch or Bounty Partner of an accepted Bounty Order may record Influencer’s voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with Influencer’s participation in the Bounty, and that Twitch or Bounty Partner shall have the right, throughout the world, an unlimited number of times in perpetuity, royalty-free, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Bounty. Influencer waives any right of inspection or approval with respect to any materials created or used by Twitch or Bounty Partner of an accepted Bounty Order and expressly waives any moral rights in connection with its participation in any Bounty.

1.3. License from Bounty Partner. Bounty Partner of an accepted Bounty Order may provide licenses to its content, trademarks and other property for Influencer’s use in connection with the Bounty, either directly or through Twitch. Influencer shall comply with all requirements, guidelines and restrictions with respect to such licenses.

2. Compliance with Laws. Influencer will comply with all applicable laws, rules, regulations and guidelines, including but not limited to the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising and all other advertising, marketing, and sweepstakes, contests and promotions laws.

Without limiting the foregoing, Influencer will include in all Influencer Channels for a Bounty all title headers, overlays and other audio or visual disclosures that Twitch requires of Influencer. Influencer will comply with Twitch’s instructions regarding the format, placement and duration of such disclosures.

Influencer agrees and acknowledges that Twitch may edit or take down the Influencer Channel at any time in order to ensure compliance with applicable laws, rules, regulations and guidelines.

3. Influencer Representations and Warranties. Influencer represents and warrants that: (i) it has the requisite power and authority to enter into the Bounty Order and to perform fully its obligations hereunder; (ii) it is not and will not be under any contractual or other legal obligation which will in any way interfere with its full, prompt and complete performance under any Bounty Order; (iii) it conducts and will conduct its affairs in compliance with all applicable international, federal, state, and local laws, rules and regulations, including but not limited to the representations and warranties; (iv) it is not a member of a union, guild or other labor organization and is not a party to any collective bargaining or similar agreement, and understands that Twitch is not a member of any union, guild or other labor organization, and the Bountys are not subject to any collective bargaining agreement; and (v) all other representations and warranties made by Influencer in the Agreement will continue to apply.

4. Bounty Partner Confidential Information. Twitch or Bounty Partner may disclose to Influencer certain Confidential Information of Bounty Partner or its associated companies, suppliers, or customers. Influencer agrees to treat such information as Confidential Information under the Agreement.

5. Influencer Indemnification Obligations. Influencer hereby agrees to defend, indemnify and hold harmless Twitch and/or the Bounty Partner of any accepted Bounty Order, and their directors, officers, employees and affiliated entities, against any and all claims, actions, losses, judgments, settlements, damages, costs, and expenses, including reasonable attorneys’ fees (collectively, “Losses”) arising out of or based on any claim by a third party related to, involving or concerning a breach by Influencer of its representations, warranties or obligations under an accepted Bounty Order.

6. Term and Termination.

6.1. Termination for Convenience or Breach. Twitch may terminate any particular Bounty Order at any time in its sole discretion or at the request of a Bounty Partner for convenience, or for breach of any requirements set forth in the Bounty Orders by the Influencer. In the event that Twitch terminates any Bounty Order for breach, Twitch nor its Bounty Partner(s) are obliged to make any payments to the Influencer in connection with the breached Bounty Orders.

6.2. Obligations Upon Termination. Influencer must return, delete, destroy or take down any materials or content in accordance with instructions from Twitch or the applicable Bounty Partner upon termination or expiration of any particular Bounty Orders.

7. Payment. Payment terms shall be net sixty (60) days following the end of the Bounty Period and shall be payable in accordance with the Terms of Use.

8. Miscellaneous.

8.1. Third Party Beneficiaries. The Bounty Partner of any accepted Bounty Order shall be a third party beneficiary with respect to that accepted Bounty Order.

8.2. Other Terms. These Influencer Terms and Conditions and all Bounty Orders are governed by and subject to the Agreement. Capitalized terms used but not defined in these Influencer Terms and Conditions will have the meanings defined in the Agreement. Except as amended by these Influencer Terms and Conditions, all other terms and conditions of the Agreement remain in full force and effect.