Updated on 27th February 2024
The StreamEngage Agreement enables you to earn revenue from your stream entirely for free, users come to your page link and complete offers such as app installs and games to generate credits towards “tips”, this is offered entirely free to you to earn more revenue on your stream.
The StreamEngage Agreement (“Agreement”) contains the terms and conditions that govern your participation in the The StreamEngage Agreement as a Streamer, as applicable (“Program”), which is operated by “Push Monetization LLC” DBA “as” “StreamEngage”., and its corporate affiliates (collectively, “we,” “us,” “our,” or “StreamEngage”). 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 StreamEngage or continued participation in the Program, you agree that the terms herein will govern your participation in the Program. You further agree that StreamEngage will have no obligations in connection with this Agreement until it determines that you are eligible to participate in the Program. The Terms of Service and other posted StreamEngage guidelines, rules, and policies (collectively, the “Terms of Service”) are incorporated herein and continue to govern your use of the StreamEngage Services.
1.1. General Eligibility. To be eligible to participate in the Program, you must sign up to our site using your real profile via google (Kick, Facebook Gaming, Youtube or Twitch). 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 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 Earnings. 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 StreamEngage, we reserve the right to do any or all of the following: disable ad serving to your Channel; to the extent permitted by applicable law, withhold Payouts otherwise payable to you; terminate your Agreement; and disable your StreamEngage profile link. You agree you will not, and you will not encourage anyone else to, generate fake installs, or clicks on, any ad(s) through any deceptive or fraudulent means.
2.1 StreamEngage Revenue. As previously and separately set forth in the Terms of Service, StreamEngage already has and retains the exclusive right to monetize the StreamEngage Services. Your “Dashboard” is the primary dashboard on StreamEngage where you can find information about your Channel, earnings and your viewers activity on StreamEngage. The following terms apply to Program Tools currently offered:
3.1 Tips 1 Point is equal to $0.01 and are a means of generating income for you the “streamer”
Viewers of your profile have the opportunity to complete offers such as app installs, play games, complete registrations in order to gain “Points” , these “Points” can then be redeemed for a in stream “Tip”
3.2 Advertisements You will receive the total amount each month set forth in your dashboard of Revenue for Advertisements installed from your StreamEngage link on or during your live streaming performance, in connection with User Content, or on your Channel. StreamEngage is not obligated to display any Advertisements on your Channel and may determine the type and format of all Advertisements service on the StreamEngage link. “Advertisements” means any advertisements of any nature sold, served, or displayed in connection with the StreamEngage Services by StreamEngage or any of its affiliates, agents, or vendors.
3.3 Offers From time to time, StreamEngage will bring new offers available to you that may provide the opportunity to earn additional or alternative payouts (“Offer(s)”). Your participation in any Offer may be subject to your agreement to specific terms with respect to that Offer, If there is a conflict between this Agreement and the terms, rules, or policies for any Offer, the latter terms, rules, or policies will take precedence with respect to your participation in such Offer.
4.1. Payment Terms. Earnings payable by StreamEngage to you will be paid to you on a monthly basis, within thirty (30) 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 StreamEngage, less any (a) billing or platform fees (b) taxes, returns, refunds, 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 Earnings is contingent on you providing StreamEngage all information and documentation necessary and appropriate to effectuate payment (e.g., IRS Form W-8 for out of USA participants and W-9 for USA residents). If you do not provide such information and documentation within 180 days following any Fees becoming payable to you by StreamEngage, you will forfeit such Payment on a month-to-month rolling basis until such information and documentation is received by StreamEngage. We will pay you any Earnings 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 Dashboard or communications by us.. StreamEngage 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 StreamEngage 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 Earning 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 profile, such Net Revenue limit(s) will be applied to your StreamEngage account 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) Earnings otherwise payable to you under this Agreement, whether or not directly related to such violation.
4.2. Taxes. You may charge, and StreamEngage 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 original 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, StreamEngage intends to treat any consideration paid to you under this Agreement as consideration paid for services provided by you to StreamEngage. For the avoidance of doubt, in receiving payments from StreamEngage 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.
5.1. You represent and warrant that (a) you are not or have been prohibited previously from
using the StreamEngage website; (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 StreamEngage platform or engaged in any conduct in
violation of the Terms of Service regarding which you have not already been contacted by
StreamEngage in writing; (e) your participation in the Program, including your receipt of
Earnings, 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 via email or via the Dashboard.
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 Security;
(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.
6.1. 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. 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. Upon any termination of your Agreement, all rights and obligations of the parties under this Agreement will be extinguished. 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.
StreamEngage 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 StreamEngage Services, changes to the Program, or to accommodate changes in the law) (collectively, “Modification(s)”). If StreamEngage changes this Agreement, we will provide you notice of these changes, such as by sending an email or posting a notice on the StreamEngage 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).
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) STREAMENGAGE 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, STREAMENGAGE 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 STREAMENGAGE 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 “STREAMENGAGE” INCLUDES STREAMENGAGE, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND VENDORS.
You hereby release and agree to defend, indemnify, and hold harmless StreamEngage, 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.
NEITHER STREAMENGAGE 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.
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.
12.2. 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 [email protected]. Notices will be deemed effective on the date shown on the sender’s copy of the sent email.
12.3. 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 StreamEngage and its affiliates only and is not for the benefit of any third parties.
12.4. 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.
12.5. 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.
12.6. 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 original intentions of the parties in accordance with applicable law.
12.7. 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.