Netcade Creator Agreement

Summary (Not a Substitute for the Agreement)

This summary highlights key terms only. The full Agreement controls.

• Ownership: You keep all rights in your content. You grant Netcade a license to host, transcode, display, distribute, promote, and monetize it on/through Netcade.
• Paid content revenue: You receive 95% of the Purchase Amount (defined below). Netcade incurs payment processing fees (typically ~3%) and does not deduct them from your 95% share.
• Free content ad revenue: You receive 90% of Ad Revenue attributable to your content, as measured by Netcade’s metrics.
• Minimum price: Paid content must be at least $1.99.
• Refunds/chargebacks: Refunded or charged-back transactions are reversed from creator earnings (or netted from future payouts).
• Payouts: Monthly, in USD, via our payout provider (e.g., Stripe Connect). KYC and tax forms required.
• Compliance/IP: You warrant you have all rights; you follow the law and Netcade’s polices; we follow a DMCA-style notice and takedown process.
• Versioning: When this agreement updates, you’ll be asked to accept the new version to publish again. We log a snapshot.

1) Definitions

• “Platform” means the Netcade website, apps, players, APIs, and related services.
• “Content” means any game, video, music, artwork, metadata, screenshots, thumbnails, and other materials you submit.
• “Paid Content” means Content sold to end users for a price set by you (subject to minimums).
• “Free Content” means Content available at no purchase price and monetized by advertising or sponsorship.
• “Purchase Amount” means the amount actually paid by the customer for Paid Content excluding any taxes, duties, or government charges, and net of any discounts/coupons applied at checkout.
• “Ad Revenue” means amounts actually received by Netcade from advertising partners (or internal ad systems) that Netcade attributes to your Free Content, excluding taxes, refunds, clawbacks, partner rejects/adjustments.
• “Processing Fees” means third-party card/bank/wallet fees charged on the transaction with the end buyer (typically ~3%).

2) Eligibility, Accounts, KYC & Taxes

You must be at least the age of majority in your jurisdiction and legally able to contract. You agree to complete payout onboarding (e.g., Stripe Connect) and provide accurate information, including tax forms (W-9/W-8 or local equivalent). You are solely responsible for your income, self-employment, and other taxes. Netcade may issue tax forms where required and may withhold or delay payouts to comply with law.

3) Ownership; License to Netcade

You retain all ownership in your Content. You grant Netcade a non-exclusive, worldwide, sublicensable (to service providers), transferable license to host, store, cache, transcode, reformat, reproduce, publicly display, publicly perform, distribute, and otherwise make your Content available through the Platform, and to use extracts, thumbnails, screenshots, trailers, and descriptive metadata to market and promote your Content and the Platform. This license ends when you remove your Content from the Platform, except that (a) copies made for technical purposes may persist for a reasonable period, and (b) the license survives to the extent necessary to complete existing user purchases and resolve disputes.

Nothing in this Agreement transfers your copyright in the Content to Netcade.

4) Paid Content: Pricing & Revenue Share

1. Pricing. You choose the price, subject to a minimum of $1.99. You authorize Netcade to collect and remit applicable transactional taxes.
2. Creator Share. For each completed Paid Content sale, your earnings equal 95% of the Purchase Amount. Netcade incurs the payment Processing Fees (typically ~3%) and does not deduct them from your 95% Creator Share.
3. Examples (illustrative only).
   • Buyer pays $9.99 + tax. Purchase Amount = $9.99. Creator Share = $9.49 (95%). Netcade pays processing fee (~3%) out of its retention; you still receive $9.49.
   • Discount of 20%: Buyer pays $7.99 + tax. Purchase Amount = $7.99. Creator Share = $7.59 (95%).
4. Refunds & Chargebacks. If a transaction is refunded or charged back, we reverse the corresponding earnings. If already paid, we may debit future payouts or invoice you.
5. Fraud & Abuse. Netcade may withhold/adjust amounts where we reasonably suspect fraud, abuse, or violations of this Agreement.

5) Free Content: Ads & Revenue Share

1. Ad Revenue Share. For advertising shown with or attributed to your Free Content, you earn 90% of Ad Revenue, as measured and attributed by Netcade’s systems (including view, session, impression and brand-safety filters).
2. Attribution. When multiple pieces of content or creators are involved (e.g., playlists, compilations), Netcade may allocate Ad Revenue pro-rata using a published methodology (e.g., time watched, impressions, sessions) and may refine that methodology over time.
3. Partner Adjustments. Ad networks sometimes adjust, reject, or claw back amounts (e.g., invalid traffic). Creator earnings reflect the amounts Netcade actually receives after such adjustments.

6) Payouts

1. Schedule. Payouts occur monthly, generally within 30 days after month-end, subject to successful payout onboarding and compliance checks.
2. Method & Currency. Payouts are in USD via our payout provider (e.g., Stripe Connect). You’re responsible for any fees charged by your payout institution and for currency conversion on your end.
3. Minimums & Rollovers. Netcade may set a reasonable minimum payout threshold and roll over unpaid balances to the next cycle if the threshold is not met.
4. Adjustments. We may offset refunds, chargebacks, or amounts you owe against current or future payouts.

7) Content Rules & Compliance

You represent and warrant that you have all necessary rights to upload and monetize the Content and that your Content, metadata, and promotions:

• do not infringe or misappropriate any third-party rights (copyright, trademark, publicity, privacy, etc.);
• comply with applicable laws and regulations (including consumer, export, sanctions, minors’ protections), and with Netcade policies;
• do not contain illegal content, malware, or content that exploits or harms children;
• are appropriately rated and age-gated where required; you will not attempt to evade content moderation.

You agree to provide reasonable support information (e.g., system requirements for games) and to keep metadata accurate.

8) IP Claims; Notice & Takedown

Netcade follows a DMCA-style notice and takedown process. We may remove or disable access to allegedly infringing material and terminate repeat infringers. If your Content is removed following a notice, you may submit a counter-notice as permitted by law.

9) Data, Metrics & Promotion

Netcade may collect and use event data, analytics, and user feedback to operate and improve the Platform. We may feature, rank, recommend, or demote Content in our sole discretion. We may use your name, marks, and Content excerpts to promote your Content and the Platform.

10) Customer Support, Refunds, & Chargebacks

Netcade sets a platform-wide refund policy for buyers. You authorize Netcade to issue refunds consistent with that policy and applicable law. Chargebacks and payment disputes may result in reversals and fees; Netcade may offset such amounts against your balance.

11) Privacy & Security

We handle personal data in accordance with our Privacy Notice. You will not attempt to collect personal data from users outside Platform features designed for that purpose.

12) Term & Termination

This Agreement starts when you accept it and continues until terminated. You may remove Content at any time. We may suspend or terminate your account or remove Content for breach, risk, or legal reasons. Sections that by their nature should survive (including payment, licenses for completed purchases, warranties/disclaimers, liability limits, and dispute terms) survive termination.

13) Changes to this Agreement

We may update this Agreement from time to time. We’ll post the new version and its effective date. You may be required to accept the current version before publishing or monetizing new Content. We log your acceptance (including version and checksum) at the time of publish.

14) Warranties & Disclaimers

You warrant that you have all rights necessary to grant the licenses here and that your Content and activities comply with law. THE PLATFORM IS PROVIDED “AS IS”; TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETCADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETCADE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY RELATING TO THE AGREEMENT OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE TO YOU BY NETCADE IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) $100.

16) Indemnity

You will defend, indemnify, and hold harmless Netcade and its affiliates from and against claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your Content, your use of the Platform, or your breach of this Agreement.

17) Governing Law; Venue

This Agreement is governed by the laws of [insert governing law—e.g., State of California, U.S.A.], without regard to its conflict of law principles. You agree to the exclusive jurisdiction and venue of the courts located in [insert venue—e.g., San Francisco County, California].

18) Miscellaneous

• Assignment: You may not assign this Agreement without our consent; we may assign it to an affiliate or successor.
• Severability: If a provision is unenforceable, the remainder remains in effect.
• Entire Agreement: This is the entire agreement regarding the subject matter and supersedes prior understandings.
• Notices: We may notify you via email or the Platform. You must keep your contact info current.