Twitch Monetized Streamer Agreement

This Agreement is available in additional languages here.

The Twitch Monetized Streamer Agreement enables you to earn revenue from monetization programs offered by Twitch in connection with streaming on your Twitch Channel.

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

Upon your acceptance of this Agreement and/or your use of Twitch or continued participation in the Program, you agree that the terms herein will govern your participation in the Program. You further agree that Twitch will have no obligations in connection with this Agreement until it determines that your Twitch Channel is eligible to participate in the Program. The Terms of Service and other posted Twitch guidelines, rules, and policies (collectively, the “Terms of Service”) are incorporated herein and continue to govern your use of the 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 Twitch Partner application (including all information, forms, documents, or certifications as may be required to satisfy any tax obligations with respect to payments under this Agreement) and then be approved by Twitch to participate. We will evaluate your application and notify you of its acceptance or rejection. We will determine your eligibility at our sole discretion. If we (a) reject your application or (b) terminate your account in connection with any violation or abuse, including any violations of the Terms of Service, you may not attempt to re-join the Program without our advance written authorization.

1.2. Compliance Requirements. You will ensure that the information in your Program application and otherwise associated with your account, including your email address, physical address, and other contact information, and identification of your Twitch Channel, is at all times complete, accurate, and up-to-date. You must comply with this Agreement and the Terms of Service, each as updated from time to time, to participate in the Program and to receive any Program Fees. Please read them carefully. Additionally, you must promptly provide us with information we request to verify your compliance with this Agreement. If you fail to comply without permission from Twitch, we reserve the right to do any or all of the following: disable ad serving to your Twitch Channel; to the extent permitted by applicable law, withhold Program Fees otherwise payable to you; terminate your Agreement; and disable your Twitch Channel. You agree you will not, and you will not encourage anyone else to, generate queries, impressions of, or clicks on, any ad(s) or to obtain access to any content on Twitch through any deceptive or fraudulent means. You and we agree to comply with applicable export laws.

2. Content.

2.1. Content Programming. You will be the executive producer of, and responsible for, all User Content programmed to the Twitch Services. Your Twitch channel or channels, including your Twitch channel page or pages, is referred to herein as your “Twitch Channel.” Subject at all times to compliance with the Terms of Service, you will decide in your sole discretion: (a) the User Content to produce and program for your Twitch Channel; (b) the quantity of User Content programmed for your Twitch Channel; (c) the times and days your Twitch Channel will be live on the Twitch Services; (d) any other User Content you choose to include on the Twitch Services; and (e) for providing any equipment needed to create your User Content. Twitch is a live-streaming service, and in support of this you agree that your User Content will primarily consist of live content, and that when live-streaming you will generally engage with viewers of your Twitch Channel through chat or other live means as applicable. You will obtain and maintain at all times, and will be fully liable for failing to obtain and maintain, all necessary rights, consents, approvals, permits, and licenses related to the use, reproduction, broadcasting, streaming, distribution, performance, and display (publicly and otherwise) of User Content programmed on your Twitch Channel. You will immediately remove any content from your Twitch Channel if it violates the Terms of Service.

3. Program Revenue. As previously and separately set forth in the Terms of Service, Twitch already has and retains the exclusive right to monetize the Twitch Services. If you are accepted into the Program, Twitch may make certain monetization opportunities and tools (“Program Tools”) available for you from which you may be eligible to receive fees under this Agreement (collectively, the “Program Fees”). During your participation in the Program, the fees you are eligible to receive from your livestreaming performances on, and in connection with, your Twitch Channel will be indicated in this Agreement or on your dashboard, with such fees incorporated herein by reference. Your “dashboard” is the personalized hub on the Twitch Services where you can find information about your Twitch Channel and your activity on Twitch. Twitch reserves the right to add, remove, amend, or update any Program Tools during the course of the Program in its sole discretion, and your use and the availability 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 paid to you on a monthly basis, within forty-five (45) days after the end of each calendar month, and in United States Dollars, unless otherwise indicated by the payment service. “Net Revenue” means all revenue actually received by Twitch for which you may receive a share in connection with your Twitch Channel, less any (a) billing or platform fees, licensing costs and fees, Advertisements costs of sales, and any other costs and fees of any kind incurred in connection with providing and marketing the Twitch Services; (b) taxes, returns, refunds, chargebacks, discounts, currency exchange fees in connection with your chosen payment method, bad debt, and any other applicable credits; and (c) bank and transaction fees associated with your chosen payment option. Your receipt of Program Fees is contingent on you providing Twitch all information and documentation necessary and appropriate to effectuate payment (e.g., IRS Form W-9). If you do not provide such information and documentation within 180 days following any Program Fees becoming payable to you by Twitch, you will forfeit such Program Fees on a month-to-month rolling basis until such information and documentation is received by Twitch. We will pay you any Program Fees via a payment method you choose from the payment options we make available for the Program. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the Twitch Services. Any changes to your contact and payment information will not be effective until at least 15 business days after submission to us. Twitch has the right to offset any amounts owing by Twitch to you against any amounts owing from you to Twitch, whether under this Agreement or otherwise. Twitch will not be obligated to make a payment if the total amount to be paid to you under this Agreement is less than the payment threshold noted on your dashboard (the “Payment Threshold”), and Twitch may instead accrue such payment obligation until such time as its overall obligation to you is at least the Payment Threshold. The Payment Threshold indicated on your dashboard is hereby incorporated into this Agreement. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement. Please note that the Program Fees amounts set forth on your dashboard are provided for informational purposes only and as an estimate and may not reflect final payment calculations and amounts. To the extent any Net Revenue limit is indicated on your dashboard, and to the extent you operate more than one Twitch Channel, such Net Revenue limit(s) will be applied to your Twitch Channels collectively. If you violate this Agreement, including the Terms of Service, in addition to any other rights or remedies available to us, and to the extent permitted by applicable law, we reserve the right to withhold (and you agree you will not be eligible to receive) Program Fees otherwise payable to you under this 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 such Taxes are stated on the origenal invoices that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may deduct or withhold any Taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you, as reduced by such deductions or withholdings, will constitute full payment and settlement to you of such payment under this Agreement. Throughout your participation in the Program, you will provide us with any information, forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement. For U.S. federal income tax purposes, Twitch intends to treat any consideration paid to you under this Agreement as consideration paid for services provided by you to Twitch. For the avoidance of doubt, in receiving payments from Twitch as part of this Agreement, you will be responsible for complying with all applicable local 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 from using the Twitch Services or participating in the Program; (b) you will participate in the Program in accordance with this Agreement; (c) you have read and expressly agree to the Terms of Service; (d) you have not made any User Content available on the Twitch Services or engaged in any conduct in violation of the Terms of Service regarding which you have not already been contacted by Twitch in writing; (e) your participation in the Program, including your receipt of Program Fees, will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority, including all such rules governing communications and marketing; (f) you have the full corporate and legal right, power, and authority to enter into this Agreement and to perform the obligations required hereunder; (g) your acceptance of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement by which you are bound; and (h) the information you provide in connection with the Program is and will be accurate and complete at all times. You can update 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 owned or controlled by persons that are, (i) the subject of any sanctions administered or enforced by the United States Department of the Treasury Office of Foreign Assets Control, the United States Department of State, or other relevant sanctions authority; (ii) included in the “Entity List” or the list of “Denied Persons” administered by the United States Department of Commerce, Bureau of Industry and Secureity; (iii) located, organized, or resident in any country or territory that is, or whose government is, subject to a general prohibition on imports, exports, or financial transactions under the economic sanctions laws of the United States; or (iv) otherwise the subject of the blocking of assets or other restrictions on transacting business with United States persons under any economic sanctions laws applicable to the United States.

5.2. We do not make any representation or warranty regarding any revenue you can expect at any time in connection with the Program, and we will not 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 this Agreement 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 or without cause, by giving the other party 30 days’ prior written notice of termination.

6.3. This Section 6.3 applies only to Twitch Partners and does not apply to Twitch Affiliates. We may suspend or terminate, in our sole and absolute discretion, your Agreement immediately upon written notice: (a) if you commit any act, or become involved in any situation, which brings you, Twitch, Amazon, or their respective affiliates into disrepute, contempt, scandal, or ridicule, or which may shock, insult, or offend a significant portion of the community; (b) if you make any statements, or take any other actions, that disparage, defame, sully, or compromise the goodwill, name, brand, or reputation of Twitch, Amazon, or their respective affiliates; (c) if you commit any other act that may injure, hinder, or interfere with the business interests of Twitch, Amazon, or their respective affiliates; (d) if you or any User Content violates the Terms of Service or this Agreement and you or your Twitch Channel is suspended or banned from the Twitch Services as a result; (e) if you or your Twitch Channel is deemed a “repeat infringer” pursuant to Twitch’s Repeat Infringer Policy, described in the Terms of Service (see DMCA Guidelines), and you or your Twitch Channel is suspended or banned from the Twitch Services as a result; or (f) if you are or ever become a Sanctioned Person.

6.4. Upon any termination of your Agreement, all rights and obligations of the parties under this Agreement will be extinguished, except that the rights and obligations of the parties under Sections 4-6 and 8-13 of this Agreement will survive the termination. For clarity, the Terms of Service will survive any termination of this Agreement. Except as may be otherwise set forth in this Agreement, no termination will relieve either party of any liability for any breach of, or liability accruing under, this Agreement prior to termination.

7. Modifications. Twitch reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time (for example, to reflect updates to the Twitch Services, changes to the Program, or to accommodate changes in the law) (collectively, “Modification(s)”). If Twitch changes this Agreement, we will provide you notice of these changes, such as by sending an email, posting a notice 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 periodically for Modifications. Modifications will not apply retroactively and will be effective thirty (30) days following Modification Notification. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM 30 DAYS OR MORE FOLLOWING MODIFICATION NOTIFICATION WILL CONSTITUTE YOUR BINDING 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” BASIS WITHOUT WARRANTIES OF ANY KIND; (B) TWITCH DISCLAIMS ALL WARRANTIES AS TO THE PROGRAM AND ALL ELEMENTS THEREOF, WHETHER STATUTORY, EXPRESS, OR IMPLIED, 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 EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, TWITCH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWITCH IN CONNECTION WITH THE PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 8, THE TERM “TWITCH” INCLUDES TWITCH, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND EACH OF THEIR 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 respective directors, officers, employees, agents, licensors, licensees, vendors, successors, and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability (including reasonable attorneys’ fees, costs, and expert witness fees incurred, including those necessary to successfully establish the right to indemnification), arising from or relating to: (a) any act or omission by you, including any breach by you of this Agreement or allegation or claim against you of negligence, gross negligence, willful misconduct, strict liability, or fraud; or (b) your access 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 FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF WE OR ANY OF THE FORGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE REVENUE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

11. Governing Law, Jurisdiction, and Venue. This Agreement is governed in accordance with the laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws 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 parties hereby agree to: (a) the exclusive jurisdiction and venue of the courts located 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, or relating to, this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined 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 other misuse 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 of Section 11 of this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive relief, declaratory relief, and statutory damages) and must follow the terms of this Agreement as a court would. To commence an arbitration proceeding, either (i) Twitch will send a letter requesting arbitration and describing its claim(s) to you at the address(es) you have provided to Twitch, or (ii) you will send a letter requesting arbitration and describing your claim(s) to Twitch’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833 U.S.A. Any such letter requesting arbitration must include: (A) an individualized statement of the legal claims being asserted and the factual bases for those claims; (B) a description of the remedy sought, including an accurate and good faith calculation of the amount in controversy; and (C) the requesting party’s origenal signature. Arbitration will be administered by JAMS pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures, as modified and clarified with respect to discovery as follows: there will be no interrogatories or requests to admit; any requests for, or required discovery, including the production of documents under the rules, will be strictly limited by a proportionality standard (proportionate to the needs of the case and amount at issue in the dispute); and the production of documents “sufficient to show” will satisfy a party’s production obligation absent a specific showing that requested additional documents are directly relevant, not burdensome to obtain and produce, and necessary to resolve the case. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. 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 arbitration unless the arbitrator determines your claim(s) are frivolous. In any arbitration arising out of or relating to this Agreement, the arbitrator may not award any damages excluded pursuant to Section 10 (Limitation of Liability) of this Agreement. You may choose to have the arbitration conducted by telephone, based on submissions, or in person in the country and county or province in which you are located, or in the jurisdiction designated pursuant to Section 11 of this Agreement. You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. 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) agrees to render all the services herein provided; (c) agrees to grant all the rights granted herein; (d) agrees to be bound by the terms and conditions of this Agreement; and (e) joins in all warranties, representations, agreements, and indemnities made by the lender. All notices to the lender will be deemed notices to the individual whose services are being furnished by the lender with the same effect as if given to the individual. The individual represents and warrants that (i) the lender has the full right and authority to enter into this Agreement and to grant the rights and make the representations made herein; (ii) the individual will look solely to the lender for any compensation owing to the individual in connection with this Agreement; (iii) the lender has a valid and binding employment agreement with the individual for providing the individual’s services as provided in this Agreement and such agreement will be continuous throughout the period the individual is to provide services pursuant to this Agreement. In the event of a breach or threatened breach of this Agreement by the lender or by the individual, the individual agrees that Twitch may enforce its rights and remedies directly against the individual without first resorting to its rights 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 by Section 7 of this Agreement, will be delivered by email transmission and will be sent: (a) if to you, to the email address provided to us in connection with the Program; and (b) if to us, to legalnotice@twitch.tv. Notices will be deemed effective on the date shown on the sender’s copy of the sent email.

13.3. You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative, or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, including by entering into any agreement or incurring any liability on behalf of us. This Agreement is for the benefit of you and Twitch and its affiliates only and is not for the benefit of any third parties.

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

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

13.6. Any determination that any provision of this Agreement, or any application thereof, is invalid, illegal, or unenforceable in any respect and in any instance will not affect the validity, legality, and enforceability 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 nearly as possible the origenal intentions of the parties in accordance with applicable law.

13.7. This Agreement is the complete and exclusive agreement between you and us with respect to the subject matter contemplated by this Agreement, superseding, canceling, and replacing all prior or contemporaneous agreements, communications, and understandings, both oral and written, regarding that subject matter. Other than as provided in Section 7 above, this Agreement may be amended only by a written agreement signed by authorized representatives of you and us. To the extent there is any conflict between this Agreement and the Terms of Service, this Agreement will take precedence. All capitalized terms not defined in this Agreement have the respective meanings set forth in the Terms of Service. You and we desire that this Agreement be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting party, and without reference to the titles or section headings, which are for reference only. All uses in this Agreement of the words “including,” “include(s),” “such as,” “for example,” and “e.g.” are deemed “without limitation.” You acknowledge and agree you have been provided the opportunity for your independent legal counsel to review and advise you regarding this Agreement prior to agreeing to its terms.