Twitch.tv - Monetized Streamer Agreement (2024)

Twitch Monetized Streamer Agreement

This Agreement is available in additional languageshere.

The Twitch Monetized Streamer Agreement enables you to earn revenue frommonetization programs offered by Twitch in connection with streaming onyour Twitch Channel.

This Monetized Streamer Agreement (“Agreement”) contains the terms andconditions that govern your participation in the Twitch MonetizedStreamer Program as a Twitch Affiliate or Twitch Partner, as applicable(“Program”), which is operated by Twitch Interactive, Inc., and itscorporate affiliates (collectively, “we,” “us,” “our,” or “Twitch”). Anyperson or entity that participates or attempts to participate in theProgram (such person or entity, “you” or “your”) must accept thisAgreement.

Upon your acceptance of this Agreement and/or your use of Twitch orcontinued participation in the Program, you agree that the terms hereinwill govern your participation in the Program. You further agree thatTwitch will have no obligations in connection with this Agreement untilit determines that your Twitch Channel is eligible to participate in theProgram. The Terms ofService and otherposted Twitch guidelines, rules, and policies (collectively, the “Termsof Service”) are incorporated herein and continue to govern your use ofthe Twitch Services.

1. Eligibility and Compliance.

1.1. General Eligibility. To be eligible to participate in the Program,you must submit a complete and accurate Twitch Affiliate or TwitchPartner application (including all information, forms, documents, orcertifications as may be required to satisfy any tax obligations withrespect to payments under this Agreement) and then be approved by Twitchto participate. We will evaluate your application and notify you of itsacceptance or rejection. We will determine your eligibility at our solediscretion. If we (a) reject your application or (b) terminate youraccount in connection with any violation or abuse, including anyviolations of the Terms of Service, you may not attempt to re-join theProgram without our advance written authorization.

1.2. Compliance Requirements. You will ensure that the information inyour Program application and otherwise associated with your account,including your email address, physical address, and other contactinformation, and identification of your Twitch Channel, is at all timescomplete, accurate, and up-to-date. You must comply with this Agreementand the Terms of Service, each as updated from time to time, toparticipate in the Program and to receive any Program Fees. Please readthem carefully. Additionally, you must promptly provide us withinformation we request to verify your compliance with this Agreement. Ifyou fail to comply without permission from Twitch, we reserve the rightto do any or all of the following: disable ad serving to your TwitchChannel; to the extent permitted by applicable law, withhold ProgramFees otherwise payable to you; terminate your Agreement; and disableyour Twitch Channel. You agree you will not, and you will not encourageanyone else to, generate queries, impressions of, or clicks on, anyad(s) or to obtain access to any content on Twitch through any deceptiveor fraudulent means. You and we agree to comply with applicable exportlaws.

2. Content.

2.1. Content Programming. You will be the executive producer of, andresponsible for, all User Content programmed to the Twitch Services.Your Twitch channel or channels, including your Twitch channel page orpages, is referred to herein as your “Twitch Channel.” Subject at alltimes to compliance with the Terms of Service, you will decide in yoursole discretion: (a) the User Content to produce and program for yourTwitch Channel; (b) the quantity of User Content programmed for yourTwitch Channel; (c) the times and days your Twitch Channel will be liveon the Twitch Services; (d) any other User Content you choose to includeon the Twitch Services; and (e) for providing any equipment needed tocreate your User Content. Twitch is a live-streaming service, and insupport of this you agree that your User Content will primarily consistof live content, and that when live-streaming you will generally engagewith viewers of your Twitch Channel through chat or other live means asapplicable. You will obtain and maintain at all times, and will be fullyliable for failing to obtain and maintain, all necessary rights,consents, approvals, permits, and licenses related to the use,reproduction, broadcasting, streaming, distribution, performance, anddisplay (publicly and otherwise) of User Content programmed on yourTwitch Channel. You will immediately remove any content from your TwitchChannel if it violates the Terms of Service.

3. Program Revenue. As previously and separately set forth in the Termsof Service, Twitch already has and retains the exclusive right tomonetize the Twitch Services. If you are accepted into the Program,Twitch may make certain monetization opportunities and tools (“ProgramTools”) available for you from which you may be eligible to receive feesunder this Agreement (collectively, the “Program Fees”). During yourparticipation in the Program, the fees you are eligible to receive fromyour livestreaming performances on, and in connection with, your TwitchChannel will be indicated in this Agreement or on your dashboard, withsuch fees incorporated herein by reference. Your “dashboard” is thepersonalized hub on the Twitch Services where you can find informationabout your Twitch Channel and your activity on Twitch. Twitch reservesthe right to add, remove, amend, or update any Program Tools during thecourse of the Program in its sole discretion, and your use and theavailability of any Program Tools will be governed by this Agreement.The following terms apply to Program Tools currently offered:

4. Payment and Reporting.

4.1. Payment Terms. Program Fees payable by Twitch to you will be paidto you on a monthly basis, within forty-five (45) days after the end ofeach calendar month, and in United States Dollars, unless otherwiseindicated by the payment service. “Net Revenue” means all revenueactually received by Twitch for which you may receive a share inconnection with your Twitch Channel, less any (a) billing or platformfees, licensing costs and fees, Advertisem*nts costs of sales, and anyother costs and fees of any kind incurred in connection with providingand marketing the Twitch Services; (b) taxes, returns, refunds,chargebacks, discounts, currency exchange fees in connection with yourchosen payment method, bad debt, and any other applicable credits; and(c) bank and transaction fees associated with your chosen paymentoption. Your receipt of Program Fees is contingent on you providingTwitch all information and documentation necessary and appropriate toeffectuate payment (e.g., IRS Form W-9). If you do not provide suchinformation and documentation within 180 days following any Program Feesbecoming payable to you by Twitch, you will forfeit such Program Fees ona month-to-month rolling basis until such information and documentationis received by Twitch. We will pay you any Program Fees via a paymentmethod you choose from the payment options we make available for theProgram. To ensure proper payment, you are responsible for providing andmaintaining accurate contact and payment information through the TwitchServices. Any changes to your contact and payment information will notbe effective until at least 15 business days after submission to us.Twitch has the right to offset any amounts owing by Twitch to youagainst any amounts owing from you to Twitch, whether under thisAgreement or otherwise. Twitch will not be obligated to make a paymentif the total amount to be paid to you under this Agreement is less thanthe payment threshold noted on your dashboard (the “Payment Threshold”),and Twitch may instead accrue such payment obligation until such time asits overall obligation to you is at least the Payment Threshold. ThePayment Threshold indicated on your dashboard is hereby incorporatedinto this Agreement. If any excess payment has been made to you for anyreason whatsoever, we reserve the right to adjust or offset the sameagainst any subsequent fees payable to you under this Agreement. Pleasenote that the Program Fees amounts set forth on your dashboard areprovided for informational purposes only and as an estimate and may notreflect final payment calculations and amounts. To the extent any NetRevenue limit is indicated on your dashboard, and to the extent youoperate more than one Twitch Channel, such Net Revenue limit(s) will beapplied to your Twitch Channels collectively. If you violate thisAgreement, including the Terms of Service, in addition to any otherrights or remedies available to us, and to the extent permitted byapplicable law, we reserve the right to withhold (and you agree you willnot be eligible to receive) Program Fees otherwise payable to you underthis Agreement, whether or not directly related to such violation.

4.2. Taxes. You may charge, and Twitch will pay, applicable national,state or local sales or use taxes or value added taxes (collectively“Taxes”) that you are legally obligated to charge, provided that suchTaxes are stated on the original invoices that you provide to us andyour invoices state such Taxes separately and meet the requirements fora valid tax invoice. We may deduct or withhold any Taxes that we may belegally obligated to deduct or withhold from any payment made to youunder this Agreement, and payment to you, as reduced by such deductionsor withholdings, will constitute full payment and settlement to you ofsuch payment under this Agreement. Throughout your participation in theProgram, you will provide us with any information, forms, documents, orcertifications as may be required for us to satisfy any informationreporting or withholding tax obligations with respect to any paymentsunder this Agreement. For U.S. federal income tax purposes, Twitchintends to treat any consideration paid to you under this Agreement asconsideration paid for services provided by you to Twitch. For theavoidance of doubt, in receiving payments from Twitch as part of thisAgreement, you will be responsible for complying with all applicablelocal country tax laws and regulations required by persons or entities,as applicable, receiving such payments.

5. Representations and Warranties.

5.1. You represent and warrant that (a) you are not prohibited fromusing the Twitch Services or participating in the Program; (b) you willparticipate in the Program in accordance with this Agreement; (c) youhave read and expressly agree to the Terms of Service; (d) you have notmade any User Content available on the Twitch Services or engaged in anyconduct in violation of the Terms of Service regarding which you havenot already been contacted by Twitch in writing; (e) your participationin the Program, including your receipt of Program Fees, will not violateany applicable laws, ordinances, rules, regulations, orders, licenses,permits, industry standards, judgments, decisions, or other requirementsof any applicable governmental authority, including all such rulesgoverning communications and marketing; (f) you have the full corporateand legal right, power, and authority to enter into this Agreement andto perform the obligations required hereunder; (g) your acceptance ofthis Agreement, and your performance of your obligations and dutieshereunder, do not and will not violate any agreement by which you arebound; and (h) the information you provide in connection with theProgram is and will be accurate and complete at all times. You canupdate your information by contacting us through the Twitch Services.

You further represent and warrant that you are not a Sanctioned Person.“Sanctioned Person” means any entity or individual that is, or is ownedor controlled by persons that are, (i) the subject of any sanctionsadministered or enforced by the United States Department of the TreasuryOffice of Foreign Assets Control, the United States Department of State,or other relevant sanctions authority; (ii) included in the “EntityList” or the list of “Denied Persons” administered by the United StatesDepartment of Commerce, Bureau of Industry and Security; (iii) located,organized, or resident in any country or territory that is, or whosegovernment is, subject to a general prohibition on imports, exports, orfinancial transactions under the economic sanctions laws of the UnitedStates; or (iv) otherwise the subject of the blocking of assets or otherrestrictions on transacting business with United States persons underany economic sanctions laws applicable to the United States.

5.2. We do not make any representation or warranty regarding any revenueyou can expect at any time in connection with the Program, and we willnot be liable for any actions you undertake based on your expectations.

6. Term and Termination.

6.1. The term of this Agreement will begin upon your acceptance of thisAgreement and will end when terminated by either you or us.

6.2. In addition to Twitch’s rights set forth in Section 6.3 below,either you or we may terminate this Agreement at any time, with orwithout cause, by giving the other party 30 days’ prior written noticeof termination.

6.3. This Section 6.3 applies only to Twitch Partners and does notapply to Twitch Affiliates. We may suspend or terminate, in our soleand absolute discretion, your Agreement immediately upon written notice:(a) if you commit any act, or become involved in any situation, whichbrings you, Twitch, Amazon, or their respective affiliates intodisrepute, contempt, scandal, or ridicule, or which may shock, insult,or offend a significant portion of the community; (b) if you make anystatements, or take any other actions, that disparage, defame, sully, orcompromise the goodwill, name, brand, or reputation of Twitch, Amazon,or their respective affiliates; (c) if you commit any other act that mayinjure, hinder, or interfere with the business interests of Twitch,Amazon, or their respective affiliates; (d) if you or any User Contentviolates the Terms of Service or this Agreement and you or your TwitchChannel is suspended or banned from the Twitch Services as a result; (e)if you or your Twitch Channel is deemed a “repeat infringer” pursuant toTwitch’s Repeat Infringer Policy, described in the Terms of Service (seeDMCA Guidelines),and you or your Twitch Channel is suspended or banned from the TwitchServices as a result; or (f) if you are or ever become a SanctionedPerson.

6.4. Upon any termination of your Agreement, all rights and obligationsof the parties under this Agreement will be extinguished, except thatthe rights and obligations of the parties under Sections 4-6 and 8-13 ofthis Agreement will survive the termination. For clarity, the Terms ofService will survive any termination of this Agreement. Except as may beotherwise set forth in this Agreement, no termination will relieveeither party of any liability for any breach of, or liability accruingunder, this Agreement prior to termination.

7. Modifications. Twitch reserves the right, at our discretion, tochange, modify, add, or remove portions of this Agreement at any time(for example, to reflect updates to the Twitch Services, changes to theProgram, or to accommodate changes in the law) (collectively,“Modification(s)”). If Twitch changes this Agreement, we will provideyou notice of these changes, such as by sending an email, posting anotice on the Twitch Services, or posting a notice to your dashboard(collectively, along with any other method of notification,“Modification Notification”). Please check this Agreement periodicallyfor Modifications. Modifications will not apply retroactively and willbe effective thirty (30) days following Modification Notification. IFANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TOTERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM 30DAYS OR MORE FOLLOWING MODIFICATION NOTIFICATION WILL CONSTITUTE YOURBINDING ACCEPTANCE OF THE MODIFICATION(S).

8. Disclaimers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A)THE PROGRAM AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASISWITHOUT WARRANTIES OF ANY KIND; (B) TWITCH DISCLAIMS ALL WARRANTIES ASTO THE PROGRAM AND ALL ELEMENTS THEREOF, WHETHER STATUTORY, EXPRESS, ORIMPLIED, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING,COURSE OF PERFORMANCE, AND USAGE OF TRADE; (C) EXCEPT FOR ANY EXPRESSREPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, TWITCH DOESNOT MAKE ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECTMATTER OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM TWITCH IN CONNECTION WITH THE PROGRAM WILLCREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLYACKNOWLEDGE THAT AS USED IN THIS SECTION 8, THE TERM “TWITCH” INCLUDESTWITCH, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND EACH OFTHEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,LICENSORS, SUBCONTRACTORS, AND VENDORS.

9. Indemnification. You hereby release and agree to defend, indemnify,and hold harmless Twitch, its affiliates, and their respectivedirectors, officers, employees, agents, licensors, licensees, vendors,successors, and assigns from and against any allegation or claim basedon, or any loss, damage, settlement, cost, expense, and any otherliability (including reasonable attorneys’ fees, costs, and expertwitness fees incurred, including those necessary to successfullyestablish the right to indemnification), arising from or relating to:(a) any act or omission by you, including any breach by you of thisAgreement or allegation or claim against you of negligence, grossnegligence, willful misconduct, strict liability, or fraud; or (b) youraccess to or use of the Program, including the Program Tools.

10. Limitation of Liability. NEITHER TWITCH NOR ANY OF ITS AFFILIATES,NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS,LICENSEES, VENDORS, SUCCESSORS, NOR ASSIGNS WILL BE LIABLE TO YOU FORLOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF WE OR ANY OF THEFORGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISINGFROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OURAGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTIONWITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE REVENUE PAID ORPAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELYPRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENTCLAIM OF LIABILITY OCCURRED.

11. Governing Law, Jurisdiction, and Venue. This Agreement is governedin accordance with the laws of the State of California without givingeffect to any choice of law rule that would cause the application of thelaws of any other jurisdiction to the rights and duties of the parties.If for any reason a claim, suit, action, or proceeding arising out of,or relating to, this Agreement by a party proceeds in court, the partieshereby agree to: (a) the exclusive jurisdiction and venue of the courtslocated in the City and County of San Francisco, California, U.S.A.; (b)waive any jurisdictional or venue defenses otherwise available to them;and (c) accept service of process by mail.

12. Arbitration. Any dispute, claim, or controversy arising out of, orrelating to, this Agreement or the breach, termination, enforcement,interpretation, or validity thereof, including the determination of thescope or applicability of this agreement to arbitrate, will bedetermined by binding arbitration, before one arbitrator, except that(a) you may assert claims in a small claims court if the claims qualify,(b) either you or we may bring suit to enjoin infringement or othermisuse of intellectual property rights by submitting to the courts, and(c) either you or we may bring suit in court to enforce this provision,the governing law, or the exclusive jurisdiction and venue provisions ofSection 11 of this Agreement. There is no judge or jury in arbitration,and court review of an arbitration award is limited. However, anarbitrator can award on an individual basis the same damages and reliefas a court (including injunctive relief, declaratory relief, andstatutory damages) and must follow the terms of this Agreement as acourt would. To commence an arbitration proceeding, either (i) Twitchwill send a letter requesting arbitration and describing its claim(s) toyou at the address(es) you have provided to Twitch, or (ii) you willsend a letter requesting arbitration and describing your claim(s) toTwitch’s registered agent, Corporation Service Company, 2710 GatewayOaks Drive, Suite 150N, Sacramento, California 95833 U.S.A. Any suchletter requesting arbitration must include: (A) an individualizedstatement of the legal claims being asserted and the factual bases forthose claims; (B) a description of the remedy sought, including anaccurate and good faith calculation of the amount in controversy; and(C) the requesting party’s original signature. Arbitration will beadministered by JAMS pursuant to JAMS’ Comprehensive Arbitration Rulesand Procedures, as modified and clarified with respect to discovery asfollows: there will be no interrogatories or requests to admit; anyrequests for, or required discovery, including the production ofdocuments under the rules, will be strictly limited by a proportionalitystandard (proportionate to the needs of the case and amount at issue inthe dispute); and the production of documents “sufficient to show” willsatisfy a party’s production obligation absent a specific showing thatrequested additional documents are directly relevant, not burdensome toobtain and produce, and necessary to resolve the case. Payment of allfiling, administration, and arbitrator fees will be governed by the JAMSrules. We will reimburse to you fees totaling less than US$10,000,unless the arbitrator determines your claim(s) are frivolous. Likewise,we will not seek attorneys’ fees and costs from you in arbitrationunless the arbitrator determines your claim(s) are frivolous. In anyarbitration arising out of or relating to this Agreement, the arbitratormay not award any damages excluded pursuant to Section 10 (Limitation ofLiability) of this Agreement. You may choose to have the arbitrationconducted by telephone, based on submissions, or in person in thecountry and county or province in which you are located, or in thejurisdiction designated pursuant to Section 11 of this Agreement. Youand we agree that any dispute resolution proceedings will be conductedonly on an individual basis and not in a class, consolidated, orrepresentative action. If for any reason a claim proceeds in courtrather than in arbitration, the parties each waive any right to a jurytrial. Judgment may be entered in any court having jurisdiction.

13. Miscellaneous.

13.1. If a loan out company enters into this Agreement (the “lender”),the individual whose services are being furnished by the lender hereby(a) agrees to the acceptance of this Agreement by the lender; (b) agreesto render all the services herein provided; (c) agrees to grant all therights granted herein; (d) agrees to be bound by the terms andconditions of this Agreement; and (e) joins in all warranties,representations, agreements, and indemnities made by the lender. Allnotices to the lender will be deemed notices to the individual whoseservices are being furnished by the lender with the same effect as ifgiven to the individual. The individual represents and warrants that (i)the lender has the full right and authority to enter into this Agreementand to grant the rights and make the representations made herein; (ii)the individual will look solely to the lender for any compensation owingto the individual in connection with this Agreement; (iii) the lenderhas a valid and binding employment agreement with the individual forproviding the individual’s services as provided in this Agreement andsuch agreement will be continuous throughout the period the individualis to provide services pursuant to this Agreement. In the event of abreach or threatened breach of this Agreement by the lender or by theindividual, the individual agrees that Twitch may enforce its rights andremedies directly against the individual without first resorting to itsrights and remedies against the lender.

13.2. All written notices required to be given under this Agreement,except for those required for Modifications, which are governed bySection 7 of this Agreement, will be delivered by email transmission andwill be sent: (a) if to you, to the email address provided to us inconnection with the Program; and (b) if to us, to[email protected].Notices will be deemed effective on the date shown on the sender’s copyof the sent email.

13.3. You and we are, and will remain at all times, independentcontractors, and nothing in this Agreement will be construed to createan agency, employment, fiduciary, representative, or any otherrelationship between you and us. You will not represent yourself to bean employee, representative, or agent of us. You understand and agreethat you do not have authority to bind us in any manner, including byentering into any agreement or incurring any liability on behalf of us.This Agreement is for the benefit of you and Twitch and its affiliatesonly and is not for the benefit of any third parties.

13.4. You may not assign this Agreement, by operation of law orotherwise, without our express prior written approval. Subject to thatrestriction, this Agreement will be binding on, inure to the benefit of,and be enforceable against you and us and each of our respectivesuccessors and assigns. Any attempt to assign in violation of thissection is void in each instance. We may assign this Agreement: (a) toany of our affiliates; or (b) in connection with any merger,consolidation, reorganization, sale of all or substantially all of ourassets, or any similar transaction.

13.5. The waiver by us of a breach of, or a default under, any provisionof this Agreement will be in writing and will not be construed as awaiver of any subsequent breach of, or default under, the same or anyother provision of this Agreement.

13.6. Any determination that any provision of this Agreement, or anyapplication thereof, is invalid, illegal, or unenforceable in anyrespect and in any instance will not affect the validity, legality, andenforceability of such provision in any other instance, or the validity,legality, or enforceability of any other provision of this Agreement,and such provision will be deemed to be reinstated to reflect as nearlyas possible the original intentions of the parties in accordance withapplicable law.

13.7. This Agreement is the complete and exclusive agreement between youand us with respect to the subject matter contemplated by thisAgreement, superseding, canceling, and replacing all prior orcontemporaneous agreements, communications, and understandings, bothoral and written, regarding that subject matter. Other than as providedin Section 7 above, this Agreement may be amended only by a writtenagreement signed by authorized representatives of you and us. To theextent there is any conflict between this Agreement and the Terms ofService, this Agreement will take precedence. All capitalized terms notdefined in this Agreement have the respective meanings set forth in theTerms of Service. You and we desire that this Agreement be construedfairly, according to its terms, in plain English, without constructivepresumptions against the drafting party, and without reference to thetitles or section headings, which are for reference only. All uses inthis Agreement of the words “including,” “include(s),” “such as,” “forexample,” and “e.g.” are deemed “without limitation.” You acknowledgeand agree you have been provided the opportunity for your independentlegal counsel to review and advise you regarding this Agreement prior toagreeing to its terms.