WebCam Agreement

Independent Broadcaster Agreement

This Agreement is entered into as of today's date between ________________________ and Xtreme Studios, and its affiliates, operator of chaturbate.com (the "Platform"). As more fully described in the Platform's Terms and Conditions, the Platform facilitates the creation and sharing of live streaming video, photographs, and similar content (all such material, and any other material produced by Independent Broadcaster pursuant, in whole or in part, to this Agreement, whether or not of an adult nature, is referred to herein as the "Content") by independent broadcasters to other individuals accessing the Platform (each, a "Community Member").

Use of Platform; Program. In connection with Independent Broadcaster's use of the Platform, Independent Broadcaster has elected to enter into this Agreement for the purpose of participating in an optional program (the "Program") whereby Independent Broadcaster may receive tokens from Community Members.

Platform Interaction Between Independent Broadcasters and Community Members. For the avoidance of doubt, the Company's core business is the operation, maintenance, and administration of the Platform, and the Company is not in the business of producing or distributing "cam shows." Independent Broadcaster acknowledges and agrees that the Platform enables Independent Broadcaster to directly license and otherwise distribute Content to Community Members who elect to view Independent Broadcaster's Content, and that the Company is not responsible or liable for the actions or inactions of a Community Member in relation to Independent Broadcaster's Content. Independent Broadcaster shall be solely responsible for any obligations or liabilities to Community Members or third parties that arise from Independent Broadcaster's creation, performance, or exhibition of Content.

Operation of Platform; Compliance Reviews. The Company's employees and third-party contractors (the "Operators") are responsible for the operation and maintenance of the Platform. Independent Broadcaster acknowledges and agrees that if the Operators become aware of or suspect any conduct or behavior which violates this Agreement, the Platform's Terms and Conditions, and/or the Program Rules (as defined below), or which otherwise reflects negatively on the reputation and quality of the Platform, the Company, or its affiliates, the Company may, in its sole discretion, suspend or deactivate Independent Broadcaster's user account with the Platform and ban Independent Broadcaster from the Platform. Independent Broadcaster further acknowledges and agrees that the Operators may report any illegal activity or Content to local law enforcement as the Operators deem appropriate in their sole discretion.

Independent Broadcaster's Obligations. Although Independent Broadcaster is free to create or exhibit Content on the Platform at any time or no time at all, or otherwise broadcast content on other live-streaming websites or platforms in addition to the Platform, Independent Broadcaster understands and agrees that Independent Broadcaster cannot violate the Platform's Terms and Conditions, including its community standards against obscenity, violence, and illegal conduct, or the Program Rules (as defined below) which are in place to ensure compliance with applicable law and the personal safety of Independent Broadcaster and Community Members. Independent Broadcaster further acknowledges and agrees that Independent Broadcaster is solely responsible for collecting and remitting all applicable withholding, FICA, and other applicable taxes on any compensation received from Community Members in connection with Independent Broadcaster's performance and sharing of Content, and the Company shall not provide Independent Broadcaster, and Independent Broadcaster is not entitled to, workman's compensation, unemployment insurance, medical benefits, paid time off, or other benefits offered to the Company's employees.

Independent Broadcaster's Activities. Independent Broadcaster understands and agrees that the Company does not control the day-to-day activities of Independent Broadcaster, including with regards to the creation, performance, or exhibition of Content on the Platform; that the Company's core business is the operation, maintenance, and administration of the Platform; and neither the Company nor its Operators can create or assume any obligation to third parties on behalf of Independent Broadcaster. Independent Broadcaster further acknowledges and agrees that Independent Broadcaster's participation in the Program, sharing of Content on the Platform, acceptance of tokens from Community Members, and entering into this Agreement does not and is not intended to create an employment or agency relationship between Independent Broadcaster and the Company or any of its affiliates, including, without limitation, the Operators.

Age of Majority. Independent Broadcaster certifies and warrants that Independent Broadcaster's date of birth is  _______________and that I___________________independent Broadcaster is at least eighteen (18) years of age or the age of majority in Independent Broadcaster's geographic location, whichever is higher (the "Age of Majority"). Independent Broadcaster further warrants that all identification information previously provided, provided contemporaneously with this Agreement, or to be provided in the future to the Platform is true and correct, and is current (not expired), validly issued government identification showing Independent Broadcaster's actual date of birth and a recent, recognizable photo of Independent Broadcaster.

Program Rules. Although Independent Broadcaster is free to create, perform, and exhibit Content on the Platform at any time or no time at all, or otherwise appear on other websites or platforms in addition to the Platform, the Company has established the following rules for the Program to ensure compliance with applicable law and the Platform's Terms and Conditions and to protect the safety of Independent Broadcaster and Community Members. Accordingly, Independent Broadcaster agrees to adhere to the following Program rules while performing Content for Community Members:

1. Independent Broadcaster will not reveal Independent Broadcaster's real name or personal contact information to Community Members while performing Content;

2. Independent Broadcaster will not reveal the location where Independent Broadcaster performs Content nor the names, addresses or other information of any companies or individuals connected with the Platform or the Content;

3. Independent Broadcaster will not advertise or promote any entity, product, service, or website that delivers live-streaming content or as otherwise prohibited by the Platform's Terms and Conditions or other rules of the Platform;

4. If at any time Independent Broadcaster feels that a Community Member has requested that Independent Broadcaster perform an act in violation of this Agreement, the Platform's Terms and Conditions, or applicable law, Independent Broadcaster will cease to perform Content for such Community Member and immediately report the incident and such Community Member's information to the Operators for further action;

5. Independent Broadcaster will not hold himself or herself out to anyone as being younger than the Age of Majority. In the event Independent Broadcaster suspects that a Community Member believes Independent Broadcaster to be younger than the Age of Majority, Independent Broadcaster will immediately correct the error by informing the Community Member that Independent Broadcaster is of the Age of Majority;

6. Independent Broadcaster will not tell any Community Member, nor lead any Community Member to believe, that Independent Broadcaster participates in or simulates any obscene acts, including but not limited to bestiality, necrophilia, child molestation, child pornography, rape, urination, defecation or any other obscene sex acts (the more comprehensive list of prohibited acts can be found on the Platform's Terms and Conditions); and

7. Independent Broadcaster agrees that Independent Broadcaster will not appear on camera with any third party while performing Content unless such third party has signed a separate independent broadcaster agreement with the Company.

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Fan Clubs. As part of the Program, and subject to the Platform's Terms and Conditions, Independent Broadcaster may utilize the Platform from time to time to create and administer a fan club whereby Independent Broadcaster may provide certain Community Members with access to exclusive Content in exchange for payment of a set monthly membership fee determined by Independent Broadcaster.

Paid Content. As part of the Program, and subject to the Platform's Terms and Conditions, Independent Broadcaster may from time to time create certain Content available exclusively for purchase by Community Members.

Shared Accounts. In the event that Independent Broadcaster shares the Account (defined below) with any other user, no matter how briefly, at any time and for any reason, Independent Broadcaster understands that all compensation paid by Community Members into the Account shall be disbursed by the Operators only in accordance with the payment details on file for the holder of the account. As used herein "Account" shall refer to the Platform account for which Independent Broadcaster is executing this Agreement. As used herein, "Accountholder" shall refer to the holder of the email address on file for such Account. In the event that Independent Broadcaster and the Accountholder are not the same person, Independent Broadcaster understands and agrees that any agreement between Independent Broadcaster and the Accountholder for the division of compensation received while sharing the Account is solely between Independent Broadcaster and such Accountholder. Independent Broadcaster agrees that Broadcaster is solely responsible for resolving all disputes with other users with whom Independent Broadcaster shares the Account. Independent Broadcaster hereby acknowledges that the Platform will bear no responsibility to Independent Broadcaster in the event that the Accountholder does not compensate Independent Broadcaster in the amount Independent Broadcaster believes Independent Broadcaster is owed or at all. Independent Broadcaster further acknowledges and agrees that the Operators will not share any personal or payment details of the Accountholder with Independent Broadcaster for any reason except the information that Independent Broadcaster may be able to access by virtue of having access to the Account. Independent Broadcaster acknowledges that only the Accountholder can obtain information pertaining to the Account, pursuant to the terms of the Platform's Privacy Policy.

Studio Accounts. If the Account is registered in a studio account with the Platform, Independent Broadcaster understands and agrees that the studio, and not Independent Broadcaster, is the owner of the Account and may add individuals to or remove individuals, including Independent Broadcaster, from the Account at any time without Independent Broadcaster's knowledge and/or permission. Independent Broadcaster hereby acknowledges that the Platform will bear no responsibility to Independent Broadcaster in the event that the studio to which the Account belongs does not compensate Independent Broadcaster in the amount Independent Broadcaster believes Independent Broadcaster is owed or at all. Independent Broadcaster understands that if the Account is in a studio account, all tokens received by the Account will be automatically transferred to the studio account. To be clear, an account is not in a studio if the tokens must be moved manually to another account for payout; tokens in studio accounts all automatically transfer to the studio.

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Payments. If and when any amounts are payable to Independent Broadcaster from Community Members, Independent Broadcaster acknowledges and agrees that Company's obligation to deliver such payment will be satisfied by Company initiating payment to the most recent payment instructions on file for the Account. If the Account is in a studio, Company's obligation to deliver such payment will be satisfied by the automatic transfer of all tokens in the Account to the studio and then payment of tokens in the studio to the payment information on file for the studio. Independent Broadcaster further acknowledges and agrees that it is the Accountholder's responsibility to keep payment information up to date on the Account to avoid any issues with payments.  I understand my rate of pay will be as followis__________% Actor plus  _________Studio = 100%  Then by actors 1 actor= 100%  - 2 Actors is 50% - 3 actors is 33.33% -  4 actors 25% -  5 actors 20% ect

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Representations and Warranties. Independent Broadcaster understands that Independent Broadcaster is not obligated to appear on the Platform at any time, that Independent Broadcaster is free to appear on other web sites and platforms, and that Independent Broadcaster exercises sole control over when or if Independent Broadcaster shall access the Platform and broadcast Content. Independent Broadcaster further understands that Independent Broadcaster retains full control of Independent Broadcaster's use of the Platform, including ensuring that such use at all times conforms with applicable local, state and federal law, as well as the Platform's Terms and Conditions, including but not limited to its community standards and acceptable use policies. Independent Broadcaster acknowledges and agrees that all Content shall be for the benefit of Community Members and not the Company. Independent Broadcaster warrants to the Company that the Content will not infringe upon any intellectual property rights of third parties or otherwise violate any laws in the location in which the Content is performed or exhibited.

Rights Granted to the Platform. Independent Broadcaster grants to the Company the perpetual, universal right, but not the obligation, to record and otherwise capture Independent Broadcaster's Content. Independent Broadcaster further grants to Company the perpetual, universal right to stream and otherwise distribute the Content as streamed through and/or uploaded to the Platform through the Account. Independent Broadcaster acknowledges and agrees that by default all "private" streaming broadcasts are recorded and such recorded streams will be placed in the account of any and all Community Members who viewed and/or "spied" on such private streaming broadcast. Independent Broadcaster hereby authorizes the Company, on a perpetual, worldwide basis, to use Independent Broadcaster's name, any and all stage names and aliases, biography, resume, signature, caricature, voice and likeness for and in connection with the use of the Content on websites owned and/or operated by the Company. Independent Broadcaster agrees to execute any and all reasonable documentation requested by the Company to perfect the rights granted herein.

Indemnification. Independent Broadcaster shall indemnify, defend and hold harmless the Company and its affiliates and insurers and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, judgments, social contributions and taxes arising out of or related to: (i) Independent Broadcaster's breach of its representations, warranties, covenants, or obligations under this Agreement; (ii) any claim by a Community Member directly or indirectly related to Independent Broadcaster's Content, use of the Platform, or other violation of Independent Broadcaster's obligations to Community Members under this Agreement or at law; or (iii) any claim by a third party (including regulators and governmental authorities) directly or indirectly related to Independent Broadcaster's Content or use of the Platform. This indemnity shall survive any termination of this Agreement.

Limits of Liability. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) INDEPENDENT BROADCASTER'S OR ANY THIRD PARTY'S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EXCEPT FOR THE COMPANY'S OBLIGATIONS TO DISBURSE ANY AMOUNTS DUE TO INDEPENDENT BROADCASTER PURSUANT TO THIS AGREEMENT, BUT SUBJECT TO ANY LIMITATIONS OR OTHER PROVISIONS CONTAINED IN THIS AGREEMENT WHICH ARE APPLICABLE THERETO. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, COMPANY'S LIABILITY UNDER THIS AGREEMENT SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO $500.

Damage. Independent Broadcaster, and not the Company, will be liable for any injury or damage caused to a Community Member or third party directly or indirectly related to Independent Broadcaster's Content, use of the Platform, or any violation of Independent Broadcaster's obligations under this Agreement or applicable law. Upon receipt of a claim for any such injury or damage, the Operators will promptly commence an investigation, during which Independent Broadcaster's access to the Platform and user account with the Platform may be suspended. Following the conclusion of the Operators' investigation of the claim, the Operators will notify Independent Broadcaster of the Company's determination, in its sole discretion, to do any of the following: (i) instruct the Operators to terminate Independent Broadcaster's access to the Platform; (ii) in instances of minor damage, resolve the claim and pay the Community Member or third party an amount to settle the claim and compensate for the damage (the "Settlement"); and (iii) deduct the amount of any Settlement from monies held in Independent Broadcaster's user account.

Release. Independent Broadcaster releases the Company, its employees, agents, attorneys, assigns, and licensees (the "Releasees") from any and all claims arising out of this Agreement, Independent Broadcaster's relationship with the Company, and the Content, including, without limitation, right of publicity claims, invasion of privacy claims, defamation claims, sexual harassment claims, claims arising under the Family Medical Leave Act (FMLA), the Equal Pay Act (EPA), the Employee Retirement Income Security Act (ERISA), the Worker Adjustment and Retraining Notification (WARN) Act, or the Age Discrimination in Employment Act (ADEA), injuries (both physical and emotional), negligence, intellectual property, claims relating to disease or illness (including STD's), pregnancy, and any other claims under federal, state, local, or foreign law that may be legally waived and released; however, the identification of specific statutes is for purposes of example only, and the omission of any specific statute or law shall not limit the scope of this general release in any manner. Independent Broadcaster agrees that in the event that Independent Broadcaster appears on camera with any third party as permitted by this Agreement, Independent Broadcaster does so at Independent Broadcaster's own risk and acknowledges that the Company will not, and is under no obligation to, do any medical testing of such third party. Independent Broadcaster further releases the Releasees from any claim in connection with the disbursal of any payment from a Community Member to Independent Broadcaster's user account or the account of a third party on whose account Independent Broadcaster may appear so long as the Releasees make a good faith effort to disburse the payment using the payment instructions on file for the applicable account.

Waiver of Civil Code Section 1542. California Civil Code § 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN [THE CREDITOR'S] FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY [THE CREDITOR] MUST HAVE MATERIALLY AFFECTED [THE CREDITOR'S] SETTLEMENT WITH THE DEBTOR.

Except as otherwise provided in this Agreement, after consultation with counsel, Independent Broadcaster hereby waives any and all rights and benefits conferred by the provisions of California Civil Code §1542 and any similar law of any state or territory of the United States or other jurisdiction, with respect to all claims within the scope of the releases granted above that are presently unknown or unsuspected. Independent Broadcaster acknowledges that this waiver is a material inducement for entering into this Agreement and that the Company would not have entered into this Agreement in the absence of this waiver.

Arbitration; Class Action Waiver. If not resolved through negotiation, and except as qualified below, any dispute between Independent Broadcaster and the Company or any of Independent Broadcaster's or the Company's affiliates arising under, out of, in connection with, or in relation to this Agreement, Independent Broadcaster's relationship with the Company, or the Company's business must be submitted to binding individual arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures and the Federal Arbitration Act. Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. The arbitration must take place in Los Angeles County, California. The arbitrator must follow the law and not disregard the terms of this Agreement. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute, however, the arbitrator may not under any circumstances: (i) stay the effectiveness of any pending termination of this Agreement; (ii) assess punitive, exemplary, or consequential damages; (iii) make any award which extends, modifies, or suspends any lawful term of this Agreement or any reasonable standard of business performance that the Company sets; (iv) modify, abrogate or rescind this Agreement; or (v) enjoin or restrain in any way the production, distribution or advertising of the Content. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this section. In the event that any one or more provisions of this section shall be or become invalid, illegal, or unenforceable in any respect, the validity, legality, and unenforceability of the remaining provisions of this section shall not be affected thereby. Notwithstanding the foregoing, the following claims will not be subject to arbitration: (a) any action for declaratory or equitable relief, specific performance, or other relief in the nature of equity to enjoin any harm or threatened harm to a party's tangible or intangible property, brought at any time, including without limitation prior to or during the pendency of any arbitration proceedings initiated hereunder; and (b) any action in ejectment or for possession of any interest in real or personal property.

Severability. If any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall be enforced as fully as possible, and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein, or if legally impossible, such provision shall be ineffective only to the extent of the unenforceable portion thereof, and the remainder of this Agreement will continue in full force and effect. .

Termination. This Agreement may be terminated by either party for any reason whatsoever and shall be effective upon delivery of written notice as follows:

To the Site: support@xtremefansonly.com

To the Performer: ______________________________ (email)

In the event the Operators determine, in the Operators' sole discretion, that Independent Broadcaster has performed the Content in a way that renders such Content in violation of applicable law, in any way in violation of a third party's rights, or otherwise in violation of this Agreement, Independent Broadcaster understands and agrees that Company shall have the right to immediately terminate this Agreement "for cause" and cancel Independent Broadcaster's Account, and in such event Independent Broadcaster agrees to forfeit any tokens provided by Community Members to Independent Broadcaster's Account that remain unclaimed and undisbursed on the date of such termination.

Jurisdiction/Venue. Subject to the arbitration clause above, Independent Broadcaster and the Company irrevocably submit to the jurisdiction of the courts located in Los Angeles County, California, and agree that all disputes arising under this Agreement shall be governed by the laws of the State of California, USA, excluding its conflict of laws provisions. In the event of Independent Broadcaster's actual, alleged or threatened breach of the Program Rules above or any other obligation in this Agreement, the Company shall be entitled to seek injunctive relief against the Independent Broadcaster in any court having competent jurisdiction over the matter.

By Independent Broadcaster's electronic signature on this Agreement, Independent Broadcaster hereby represents, covenants, and warrants that Independent Broadcaster has the ability to grant all rights granted herein, and that there are no agreements or other legal impediments which render or may render Independent Broadcaster's acceptance of this Agreement invalid, unlawful or avoidable.

CALIFORNIA-BASED INDEPENDENT BROADCASTERS. INDEPENDENT BROADCASTER ACKNOWLEDGES AND AGREES THAT INDEPENDENT BROADCASTER IS AWARE OF CALIFORNIA ASSEMBLY BILL 5 ("AB5") AND ITS REQUIREMENTS FOR CLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS. GIVEN THAT INDEPENDENT BROADCASTER IS ENGAGED IN AN INDEPENDENT BUSINESS SEPARATE FROM THE COMPANY'S CORE BUSINESS OF OPERATING A SOFTWARE PLATFORM, IS AT ALL TIMES FREE FROM THE COMPANY'S CONTROL IN PERFORMING THE CONTENT (SUBJECT ONLY TO THE RULES AND STANDARDS IN PLACE TO ENSURE COMPLIANCE WITH LAW AND THE SAFETY OF INDEPENDENT BROADCASTER AND COMMUNITY MEMBERS), AND IS AT ALL TIMES FREE TO BROADCAST CONTENT ON OTHER WEBSITES OR PLATFORMS, INDEPENDENT BROADCASTER AGREES THAT, UNDER THE CRITERIA OF AB5, INDEPENDENT BROADCASTER IS NOT AN EMPLOYEE OF THE COMPANY AND AFFIRMATIVELY STATES IT IS INDEPENDENT BROADCASTER'S PREFERENCE TO BE CLASSIFIED AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COMPANY.

Independent Broadcaster agrees that this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (the "E-Sign Act") and that by typing my name below, I intend it to stand in the place of a manual signature and be equally as binding on Independent Broadcaster as if Independent Broadcaster had signed this document manually. Independent Broadcaster understands that Independent Broadcaster may retain a paper copy of this transaction for Independent Broadcaster's personal records and that Independent Broadcaster has the right to withdraw Independent Broadcaster's consent to using the E-Sign Act by emailing the Platform at support@chaturbate.com, at which time Independent Broadcaster will immediately cease using the Platform; provided however that Independent Broadcaster understands and agrees that the withdrawal of Independent Broadcaster's consent herein shall apply only as of the date of such withdrawal and will not affect Independent Broadcaster's previous unrestricted grant of rights to the Company, if any, with respect to Content performed prior to the date of such withdrawal.