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fendlestick · 01-29-2019, 07:21 AM

Thanks for the big red post! For a bit of context, CB can ban anyone for any reason at their sole discretion. If you are unsure about anything I would suggest you read and understand point 32 at https://chaturbate.com/terms/.

I am looking to support my app with predictable income, which while likely less than commissions, would be regular.

Paraphrased as:

License to Promotional Items. All registered users of the Site/Service who are currently in compliance with the terms of this Agreement are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Site’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 Site in writing (“Promotional Items”), for use on site(s) owned by such registered users (“Referral Sites ”). The Promotional Items are licensed to eligible registered users for the limited purposes of advertising, marketing and promoting the Site and Service. Any and all licenses granted to registered users pursuant to this Agreement shall immediately cease and revert to us upon the termination or cancellation of this Agreement. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the terms of this Agreement and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Site and/or the Site’s licensor(s). You further acknowledge and agree that any Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire” within the meaning of the 1976 Copyright Act for the good and valuable consideration provided you herein.

While the Restrictions as basically if CB don't like you:

Restrictions. You are prohibited from using any images, 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. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Site. 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 Site or the Service. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.

I can guarantee "free from any and all encumbrances and third party claims" I personally will not claim against you. If they / you request your affiliate ID be removed I will do so.

The sticking point is:

"Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire”".

As such if I get approved CB will then own my work and be able to claim it for themselves. Unfortunately that's not something I can agree to.

The take home:

I will not seek approval for the site as then CB will own it as if I made it while working for them, without approval they can ban for whatever reason want.

01-29-2019, 07:21 AM
fendlestick Confirmed User Industry Role: Join Date: Dec 2012 Posts: 117	Thanks for the big red post! For a bit of context, CB can ban anyone for any reason at their sole discretion. If you are unsure about anything I would suggest you read and understand point 32 at https://chaturbate.com/terms/. I am looking to support my app with predictable income, which while likely less than commissions, would be regular. Paraphrased as: License to Promotional Items. All registered users of the Site/Service who are currently in compliance with the terms of this Agreement are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Site’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 Site in writing (“Promotional Items”), for use on site(s) owned by such registered users (“Referral Sites ”). The Promotional Items are licensed to eligible registered users for the limited purposes of advertising, marketing and promoting the Site and Service. Any and all licenses granted to registered users pursuant to this Agreement shall immediately cease and revert to us upon the termination or cancellation of this Agreement. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the terms of this Agreement and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Site and/or the Site’s licensor(s). You further acknowledge and agree that any Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire” within the meaning of the 1976 Copyright Act for the good and valuable consideration provided you herein. While the Restrictions as basically if CB don't like you: Restrictions. You are prohibited from using any images, 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. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Site. 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 Site or the Service. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder. I can guarantee "free from any and all encumbrances and third party claims" I personally will not claim against you. If they / you request your affiliate ID be removed I will do so. The sticking point is: "Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire”". As such if I get approved CB will then own my work and be able to claim it for themselves. Unfortunately that's not something I can agree to. The take home: I will not seek approval for the site as then CB will own it as if I made it while working for them, without approval they can ban for whatever reason want.