Terms and Conditions

Fees

What are the fees that we charge Creators for the use of AgoraTV? We charge a fee to you of twenty per cent (20%) of all Subscriber Payments made to you (exclusive of any VAT element of the Subscriber Payment and any payment processing fees to Stripe) (called “Our Fee”). The remaining eighty per cent (80%) of the Subscriber Payment (exclusive of any VAT element of the Subscriber Payment and any payment processing fees to Stripe) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating AgoraTV and storing your Content. Our Fee is deducted from the Subscriber Payment, and Creator Earnings are paid to you in the way described in the section below.

Co-authored Content:

  1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on AgoraTV; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.

  2. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:

    1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and

    2. has consented to the Co-Authored Content in which he or she appears being posted on AgoraTV.

  3. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on AgoraTV, you will tag the AgoraTV account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.

  4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on AgoraTV.

  5. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

  6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

  1. Payouts to Creators:

    1. All Subscriber Payments will be received by a third-party payment provider approved by us.

    2. If you have chosen the Stripe Payout Option, Stripe will collect the Subscriber Payment and pay the Creator Earnings to your bank account.

    3. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Subscriber Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.

    4. Your AgoraTV account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your AgoraTV account once such Creator Earnings appear in your AgoraTV account.

    5. To make a withdrawal of Creator Earnings from your AgoraTV account, you must have at least the minimum payout amount in your AgoraTV account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.

    6. The amount that you see in your ‘current balance’ in your AgoraTV account is your Creator Earnings at the relevant time. All Subscriber Payments and Creator Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Subscriber Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.

    7. If a Subscriber successfully seeks a refund or chargeback from their credit card provider in respect of a Subscriber Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

    8. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.

  2. Circumstances in which we may withhold Creator Earnings:

    1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

      1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;

      2. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

      3. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Subscriber who made the Subscriber Payment resulting in the Creator Earnings,

      for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.

    2. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.

    3. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.

    4. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

    5. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Subscriber Payments which resulted in forfeited Creator Earnings are returned to the relevant Subscribers who paid such Subscriber Payments.

  3. Promoting Tax compliance and VAT:

    1. General:

      1. We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

      2. By using AgoraTV as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of AgoraTV to the relevant Tax authority in your jurisdiction, as required by law.

      3. By using AgoraTV as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an AgoraTV account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:

        1. notify us by email to vat@agoratv.co in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and

        2. promptly provide us by email to vat@agoratv.co with:

          1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and

          2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

      4. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on AgoraTV or by support@agoratv.co in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.

      5. We reserve the right to close your AgoraTV account if we are notified of or become aware of any Tax non-compliance by you.

Referral Program Terms

Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the AgoraTV Referral Program:

It is illegal for us or for a participant in the AgoraTV Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the AgoraTV Referral Program.

Do not be misled by claims that high earnings are easily achieved from participation in the AgoraTV Referral Program.

Although we do not demand any payment from Referring Users for the purposes of participating in the AgoraTV Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.

Introduction: These Referral Program Terms are additional terms which apply if you use the AgoraTV Referral Program. These Referral Program Terms form part of your agreement with us.

Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

"Referring User" is also referred to as "you" or "your" in these Referral Program Terms;

"Referred Creator" means the person who joins AgoraTV as a Creator via the Referring User's unique referral link.

What is the AgoraTV Referral Program? AgoraTV offers a referral program by which existing Users can introduce people who are interested in becoming Creators to AgoraTV and receive referral payments from AgoraTV which are calculated and limited as described in these Referral Program Terms.

The AgoraTV Referral Program is operated by Democracy Media LLC. We are a limited company registered and we have our registered office address at 30 N. Gould St. Suite N. Sheridan WY 82801.

The rules of the AgoraTV Referral Program:

Only Users of AgoraTV with a current User account can participate in the AgoraTV Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the AgoraTV Referral Program.

You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the AgoraTV Referral Program.

Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate AgoraTV or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your AgoraTV account.

The Referred Creator must click on your unique referral link and then register with AgoraTV using the same browser that they used to click on your unique referral link. If someone registers with AgoraTV other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.

The Referred Creator must not have opened a User account with AgoraTV (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of AgoraTV no referral payments will be made to you for the referral.

If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.

No referral payments will be made to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.

You agree that when promoting AgoraTV in any way as a Referring User:

you will not give a false impression of AgoraTV, the services, programs, and content (including Content) made available through AgoraTV, its Users or the Terms of Service; and

you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of AgoraTV, or any statements regarding the likely number of subscribers.

Referral payments:

How are referral payments calculated? Once a Referred Creator has become a registered User of AgoraTV in accordance with the rules of the AgoraTV Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Subscriber Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of AgoraTV, up to a maximum referral payment by AgoraTV to the Referring User of US$50,000 per Referred Creator.

This means that if a Referred Creator generates Subscriber Payments with a total value of US$1 million or more in the twelve months after the date on which that Referred Creator becomes a registered User of AgoraTV, then the Referring User's referral payments in relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Subscriber Payments with a total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of AgoraTV, then the Referring User will be paid five per cent (5%) of the Subscriber Payments generated by that Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of AgoraTV, following which no further referral payments will be made to the Referring User in respect of that Referred Creator.

VAT: If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any VAT (as defined in the Terms of Use for Creators) which is or becomes chargeable on any supplies made by you, except as provided for in the " Promoting Tax compliance and VAT" section of the Terms of Use for Creators.

Warning: In compliance with regulation 3 of the Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the AgoraTV Referral Program:

It is illegal for us or for a participant in the AgoraTV Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the AgoraTV Referral Program.

Do not be misled by claims that high earnings are easily achieved from participation in the AgoraTV Referral Program.

Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by AgoraTV in your country of residence. These methods are called "Payout Options".

How frequently are referral payments made? The referral payment due to you on Subscriber Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Subscriber Payments made to the Referred Creator in February shall be paid to you on or around 1 March).

Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.

Our rights relating to the referral program.

If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.

We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.

We may change any aspect of the AgoraTV Referral Program (including how referral payments are calculated) or discontinue the AgoraTV Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Subscriber Payments made to Referred Creators before the changes came into effect.

Circumstances in which we may withhold referral payments:

We may withhold all or any part of the referral payments due to you but not yet paid out:

if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;

if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the Subscriber who made the Subscriber Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Subscriber Payment was made which resulted in the referral payment,

for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.

We may also withhold all or any part of the referral payments due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.

We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the AgoraTV Referral Program where we have a right to do so under these Referral Program Terms.

If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.